List of Documents (Form 31)

Rule 64 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a party, by written notice, ask another party for discovery of any document or property relating to the matters in issue and for disclosure of its location. If the request is not met within 14 days after service, the Court may order discovery by affidavit (r 64(2)). Form 31 is the list a party serves in response, which its text says is served in compliance with rule 64. It separates the documents the party holds and will produce (first schedule, Part I), those it holds but objects to producing, with the grounds (Part II), and those it once held but no longer has (second schedule). It ends with a notice to inspect giving a place and time where the listed documents can be inspected.

When you need it

• You have been served with a notice requesting discovery under rule 64(1).
• The Court has ordered you to make discovery; verify the list on oath with Form 32 if the order requires discovery by affidavit.
• You need to give further discovery because more relevant documents have come into your possession (r 64(3)).

1. 1

   Heading and party

   Enter the court address, action number and parties, and delete "claimant" or "defendant" throughout so the list names the party giving discovery.

2. 2

   Number the paragraphs

   Number the statements in the body so they match the references in the verifying affidavit (Form 32), which refers to paragraphs 2 to 5.

3. 3

   First schedule

   In Part I list, in a convenient order, the documents you hold and do not object to producing, with a short description of each (similar documents such as invoices can be grouped into bundles). In Part II list those you object to producing and state the grounds in the body.

4. 4

   Second schedule

   List documents you once held but no longer have, give the date each was last in your possession, and say what became of it and who now has it.

5. 5

   Date, sign and give notice to inspect

   Date and sign the list. Complete the notice to inspect with the address, date and hours for inspection, and the service details.

• Serve the list on the party who requested discovery. If the Court ordered discovery, comply within the time in the order (7 days by default under r 76(3)).
• The other party may request inspection of discovered documents by notice; if inspection is not given within 14 days, the Court may order it (r 66).
• Unless the parties agree otherwise, documents you discover must be produced at the trial (r 65(1)).

• "Document" is defined widely and includes copies, audio tapes, computer data and software, films and microfiche (r 3).
• State real grounds for any objection to produce in Part II; a bare objection invites an application to the Court.
• Plans, models, films, recordings and similar devices are generally not receivable at trial unless the other side has had an opportunity to inspect them (r 67).