Notice to Produce (Form 111)

Rule 158.1 of the Uniform Civil Rules 2020 (SA) (Chapter 13 Part 8, production of documents at trial) requires a party to produce to the court at trial a document in its possession, custody or power if another party has served on it a notice to produce in Form 111 not less than 7 days before the scheduled start of the trial, or if the court so orders. The documents can be produced either by attending at the start of the trial and handing them to the court (or the person authorised to take evidence), or by delivering or sending them to the Registrar so they arrive at least 2 business days before the trial starts (r 158.1(2)). The notice lists the documents in a schedule, with a column for the discovery number, so it works best with documents already identified in the other party's list of documents.

When you need it

• You want the other party to bring an original document to trial, for example to tender it or cross-examine on it.
• The document is in the other party's possession, custody or power.
• The trial date is fixed and more than 7 days away.
• Not for documents held by someone who is not a party: those are obtained by subpoena to produce (r 156.2).

1. 1

   Complete the heading

   Delete all but the correct court, add Court of Appeal, minor civil or the list if applicable, and name the parties with the case number.

2. 2

   Fill in the party panel

   Give your party title, full name, any law firm and solicitor, and your address for service, email and phone.

3. 3

   Address the notice

   Insert the party title and name of the party required to produce the documents.

4. 4

   Complete the schedule

   For each document, give a number, its discovery number from that party's list of documents if it has one, its date and a description precise enough to identify it.

• Serve the notice on the party required to produce not less than 7 days before the scheduled start of the trial (r 158.1(1)(a)). It can be served at that party's address for service (r 44.3).
• If the 7 days have passed, you need an order of the court requiring production (r 158.1(1)(b)).
• The producing party may bring the documents to the start of the trial or deliver them to the Registrar at least 2 business days before (r 158.1(2)).

• Describe documents by discovery number and date to avoid argument about what was called for.
• Serve early. The 7 days run back from the scheduled start of the trial.