Specific disclosure
Disputes & Litigation

Orders for specific disclosure are available to litigants to remedy defective disclosure on the part of another party to the litigation. Applications for specific disclosure (seeking court orders) are usually preceded by written requests for documents to the other parties to the litigation. Failing production of the documents upon written request (assuming that the reason for the failure not to disclose is unsatisfactory), an application notice may be filed to apply for a court order requiring the party to produce missing disclosable documents.

Applications may be made at any time, and during the trial if the existence of the document comes to light then. The order may specify classes of documents or specific documents, and locations where a search should be conducted. An application may be made for any document referred to in a pleading, witness statement, affidavit or expert report. Applications may also be made for specific inspection of documents.