Rule 19: document disclosure
What is Rule 19?
Rule 19 of the Ontario Family Law Rules deals with document disclosure, specifically requiring parties to provide an affidavit listing documents relevant to the case that are in their control or available to them.
This rule ensures transparency and allows for the fair exchange of information between parties involved in family law proceedings.
What does the rule mandate?
Rule 19 mandates that within 10 days of a request, a party must provide an affidavit listing all relevant documents. The documents must be relevant to the issues in the case. The documents must be in their control or available upon request. The other party has access to these papers at the legal aid rate, including those mentioned in court documents. These include documents mentioned in net family property statements and financial statements.
Can a judge order disclosure of a document in a third party’s control?
A judge can order access to these papers under the control of a non-party if it is of material value to a case.
What about privileged information?
A party may deny access to privileged documents but not use them during trial unless the judge says otherwise.