Duty of Search
31.7
(1) When giving standard disclosure, a party is required to make
a reasonable search for documents falling within rule 31.6(b) or
(c).
(2) The factors relevant in deciding the reasonableness of a search
include the following -
(a) the number of documents involved;
(b) the nature and complexity of the proceedings;
(c) the ease and expense of retrieval of any particular document;
and
(d) the significance of any document which is likely to be located
during the search.
(3) Where a party has not searched for a category or class of
document on the grounds that to do so would be unreasonable, he must
state this in his disclosure statement and identify the category or
class of document.
(Rule 31.10 makes provision for a disclosure statement)
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