Article 9 Discovery

(1)

Within fourteen days after the final date for serving a bishop’s reply under rule 7, each party shall—

(a)

serve on the other party a list of documents in Form 8 of the Appendix, specifying all documents which are in the possession, custody or power of the party serving the list and to which that party intends to refer at the hearing of the appeal; and

(b)

lodge a copy of the list of documents with the registrar.

(2)

A party may at any time before the hearing of the appeal or, with the leave of the tribunal, at the hearing of the appeal, serve on the other party a notice to produce in Form 9 of the Appendix, requiring that other party to produce any document specified in that other party’s list of documents for the inspection of the party serving the notice to produce.

(3)

A party who serves a notice to produce under paragraph (2) of this rule on the other party shall forthwith lodge a copy with the registrar.

(4)

A party on whom a notice to produce is served shall serve on the other party within fourteen days after the date of service on him of the notice to produce (or, if the notice to produce is served at or within fourteen days of the hearing of the appeal, within such other period as the tribunal may direct) a response in Form 10 of the Appendix, stating in relation to each document specified in the notice to produce either—

(a)

a time within fourteen days after the date of service on him of the notice to produce (or, if the notice to produce is served at or within fourteen days of the hearing of the appeal, within such other period as the tribunal may direct), and a place, at which that document will be produced for the inspection of the party who has served the notice to produce; or

(b)

that the party serving the response objects to the production of that document and the grounds of his objection;

and shall lodge a copy of the response with the registrar.

(5)

A party who has served a response containing the statement provided for by paragraph (4)(a) of this rule in relation to any document shall make that document available for inspection by the other party at the time and place stated in the response and shall on request by the other party and on payment of reasonable copying charges supply the other party with a copy of that document.

(6)

Except with the leave of the tribunal at the hearing of the appeal, a party shall not be permitted to refer at the hearing to any document in his possession, custody or power—

(a)

which is not specified in his list of documents; or

(b)

which has been specified in a notice to produce served on him but in respect of which he has not both—

(i)

served a response containing the statement provided for by paragraph (4)(a) of this rule; and

(ii)

complied with paragraph (5) of this rule.