Discovery and inspection of documents

Note

This page is for matters that the Rules of Court 2014 apply to. For content relating to matters that the Rules of Court 2021 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Note

What discovery and inspection mean

In general, the next stage after the close of pleadings will be discovery and inspection. At discovery, parties involved in the civil case are expected to disclose to each other relevant documents in their possession, custody or power relating to the claim.

The documents which the court may order a party to discover are those which the party relies or will rely on and can do any of the following:

Adversely affect their own case.
Adversely affect another party’s case.
Support another party’s case.

Discovery is done by filing and serving a list of documents prepared in accordance with Form 37 of the Rules of Court. Parties are then allowed to inspect each other's documents at a specified place and time within 7 days after being served the other parties' list of documents.

Note

Key facts

Refer to the following to find out how to file for discovery and inspection of documents.

When to file and serve	After the close of pleadings and according to the timelines and directions fixed by the court.
How to file	Through eLitigation.

What you will need

You will need to prepare the following documents before filing:

The list of documents in accordance with Form 37 of the Rules of Court.
- The documents must be numbered in a convenient order and each item in the list must contain a short description of the item for easy identification.
An affidavit verifying the list of documents in accordance with Form 38 of the Rules of Court.
- Find out how to prepare an affidavit.
A notice in accordance with Form 39 of the Rules of Court.
- The notice must be served on the other party together with the list of documents.
- The notice should state a place and time where the documents may be inspected within 7 days after the service of the list of documents and affidavit.

How to file

You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.

Estimated fees

Refer to the following to find out the possible fees for filing the documents. You may also refer to Appendix B of the Rules of Court for the full list of court fees.

In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
Filing the list of documents	$10
File the affidavit	$1 per page, subject to a minimum fee of $10 per affidavit

Refer to the following for the filing fees if your claim is up to $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
Filing the list of documents	$20
File the affidavit	$2 per page, subject to a minimum fee of $50 per affidavit

Refer to the following for the filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
Filing the list of documents	$50
File the affidavit	$2 per page, subject to a minimum fee of $50 per affidavit

After you file

After filing, you will have to serve a copy of the list of documents and the notice on the other party.

You must allow the other party to:

Inspect the documents referred to in the list within the time limits specified in the notice.
Take copies of the documents referred to in the list of documents.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to:

For State Courts: the Guide to Common Civil Justice Processes (PDF, 1476 KB).

Legislation associated with this topic include:

Order 24 of the Rules of Court.
Order 25 Rule 8 of the Rules of Court.

Refer to:

For Supreme Court: The Supreme Court Practice Directions for various matters on the discovery and inspection of documents, such as Part V of the Supreme Court Practice Directions for discovery and inspection of electronically stored documents.
For State Courts: The State Courts Practice Directions for various matters on the discovery and inspection of documents, such as Part VII of the State Courts Practice Directions for discovery and inspection of electronically stored documents.