High Court Amendment Rules (No 2) 2011

Schedule 2
New form G 37 substituted

r 15

Form G 37
Affidavit of documents

rr 8.15, 8.16

I, [full name, place of residence, occupation], swear—

  • 1 I am [state which party you are (or the capacity in which you make the affidavit) and your authority to make the affidavit].

  • 2 I make this affidavit under an order for standard discovery under rule 8.7/under an order for tailored discovery under rule 8.10* on [date] (the discovery order).

    *Select one.
  • 3 [Specify the content of the discovery order in terms of paragraph (a), (b), or (c) of rule 8.12(2) and, if paragraph (c) applies, state the obligations imposed by the order.]

  • 4 I understand the obligations imposed by the discovery order.

  • 5 In order to fulfil those obligations, I have diligently searched for all documents required to be discovered under the discovery order, and I have also taken the following particular steps: [specify steps taken, for example, inquiries made of named persons].

  • 6 In the Schedule of this affidavit, I list the documents that I am required to discover.

  • 7 In Part 1 of the Schedule, I list the documents that are in my control and for which I claim neither privilege nor confidentiality.

  • 8 Include this paragraph if it applies, otherwise omit.

  • In Part 2 of the Schedule, I list the documents that are in my control and for which I claim privilege and state in relation to each document the nature of the privilege that applies.

  • 9 Include this paragraph if it applies, otherwise omit.

  • In Part 3 of the Schedule, I list the documents that are in my control and for which I claim confidentiality. I propose that inspection of these documents be restricted to [name persons] and that the following restrictions apply: [specify proposed restrictions on inspection].

  • 10 Include this paragraph if it applies, otherwise omit.

  • In Part 4 of the Schedule, I list documents that are no longer in my control and state when, to the best of my knowledge and belief, each document ceased to be in my control and the persons who, to the best of my knowledge and belief, now have control of each document.

  • 11 Include this paragraph if it applies, otherwise omit.

  • In Part 5 of the Schedule, I list other documents known to me that have never been in my control but that I know would be discoverable if I had control of them.

  • 12 To the best of my knowledge and belief, this affidavit is correct in all respects and carries out my obligations under the discovery order.

Sworn at: [place, date]

Before me: [name, signature]

(a solicitor of the High Court of New Zealand)


Schedule

Part 1
Documents that are in my control and for which I claim neither privilege nor confidentiality

[List and number the documents concerned.]

Part 2
Documents that are in my control and for which I claim privilege

[List and number the documents concerned. State the nature of the privilege claimed for each document or category of document, eg, legal professional privilege.]

Part 3
Documents that are in my control and for which I claim confidentiality

[List and number of the documents concerned. State why each document or category of document is confidential.]

Part 4
Documents that are no longer in my control

[List the documents concerned. State, to the best of your knowledge and belief,—

  • (a) when each document or category of document ceased to be in your control; and

  • (b) the persons who now have control of each document.]

Part 5
Documents that have never been in my control

[List any documents that you know relate to a matter in question in the proceeding but that are not, and have never been, in your control. State, to the best of your knowledge and belief, where the documents are.]