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Discovery (Purpose (To enable the parties to appraise the strength or…

- - - - OR making a list of documents that have been in his possession/custody/power or a combination of both
      - AND serve that list to the other party who is asking for the discovery
      - Making a list of documents that are in his possession/custody/power
- - - - :fire:Manilal & Sonds (Pte) Ltd v. Bhupendra KJ Shan International [1990] 2 MLJ 282: a party is obliged to make discovery of all documents relevant to the matters in question in the action. What are the matters in question would depend on the pleadings.
        Test: if it contains information which may-not which must- either directly or indirectly enable the party requiring the discovery to advance his own case or to damage the case of his adversary or which may fairly lead to a train of inquiry which may have either of those two consequences.
      - :fire:Nguang Chan aka Nguang Chan legal Trader & Ors v. Hai-O Enterprise & Ors [2009] 5 MLJ 40: it is for the party seeking production to satisfy the court that such production is necessary for the purpose specified in O24r3.
- - - - :check:2nd Step: O25r5(1)
        -The court order the other party to prepare a list in form 38 (in a convenient order, must contain the description of every each document as short as possible.
        -If the ordered party intends to refuse on the ground of privilege,
        he must provide a sufficient statement of the grounds of privillege.
        
        :check: 3rd step: O24r3
        -Serve the list to the party applying for the discovery.
        
        :check: 4th & 5th step: O24r3
        -if necessary, the ordered party may be asked by the court to make an affidavit verifying the list and serve (in form 39)
        
        :check: 6th Step: O24r(5)4
        -the ordered party gather and bundle doc in Sch. 1 Part 1
        -The bundle should be paginated, intituled as List of Documents
        -File in the court and a copy served on all parties.
        :red_cross: O24r5(5) if the OP doesn't do this, OP cannot tender any such doc at the trial.
        
        :check: 7th step: O24r9 IF :warning: NECESSARY
        -the OP serves a notice (form 40) to applied party to inform the latter the time & place for inspection of Doc referred in the list.
        -time for inspection must be within 7 days after the service of notice.
        
        :check: 8th step: O24r9 Inspection of Doc
        -On the day and time of notice
        -Allow to inspect and take copies
        -OP however has the liberty to refuse inspection of Doc which OP objected in his list.
- - - - :!:Failure to serve notice to inspect
      - :!:Object to produce doc for inspection.
      - :!:Offered to inspect but time and place unreasonable.
        
        -
        
        :check: Allow the party who wants to inspect to apply to the court to inspect the document.
        :check: empowers the court to permit the applying party to inspect the document.