Discovery of Documentation – Interpretation of OrdersPosted in : Labour & Superior Court Case Law Review Panel on 30 June 2020
In legal proceedings evidence is critical, whether the case involves a criminal charge where the guilt of the accused must be established beyond a reasonable doubt or civil proceedings where the onus is on the person bringing the cases (the ‘plaintiff’) to establish his/her case on the balance of probabilities. In many cases, important evidence is not in the form of what a person can testify they directly heard or witnessed, but in the form of relevant documentation. Sometimes, a party to proceedings may know or suspect that vital documents that may help them to make out their case are in the possession of another person, but they cannot obtain those documents on a voluntary
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