Federal Courts Rules

Marginal note:Undisclosed or privileged document

• 232 (1) Unless the Court orders otherwise or discovery of documents has been waived by the parties, no document shall be used in evidence unless it has been

  • (a) disclosed on a party’s affidavit of documents as a document for which no privilege has been claimed;

  • (b) produced for inspection by a party, or a person examined on behalf of one of the parties, on or subsequent to examinations for discovery; or

  • (c) produced by a witness who is not, in the opinion of the Court, under control of the party.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a document that is used solely as a foundation for, or as a part of a question in, cross-examination or re-examination.