(cf SCR Part 36, rule 16; DCR Part 28, rule 18; LCR Part 23, rule 9)(1) A party may, by notice served on another party, require the other party to produce to the court, or to any examiner:(a) at any hearing in the proceedings or before any such examiner, or(a1) at any time fixed by the court for the return of subpoenas, or(b) by leave of the court, at some other specified time,any specified document or thing.(2) The other party must comply with a notice to produce:(a) by producing the notice or a copy of it, and the document or thing, to the court, or to the examiner authorised to take evidence in the proceeding as permitted by the court, at the date, time and place specified for production, or(b) by delivering or sending the notice or a copy of it, and the document or thing, to the registrar at the address specified for the purpose in the notice, so that they are received not less than 2 clear days before the date specified in the notice for production.
(cf SCR Part 36, rule 16; DCR Part 28, rule 18; LCR Part 23, rule 9)(1) Unless the court orders otherwise, the other party must produce the document or thing in accordance with the notice to produce, without the need for any subpoena for production, if the document or thing is in his or her possession.(2) (Repealed)(3) Except by leave of the court, a party may not search for, or inspect, any document or thing that has been produced by another party under this rule but not admitted into evidence.
(cf rule 33.11)(1) The court may order the party requiring production to pay the amount of any reasonable loss or expense incurred by the party required to produce in complying with a notice to produce.(2) If an order is made under subrule (1), the court must fix the amount or direct that it be fixed in accordance with the court’s usual procedure in relation to costs.