Rule 39 Order for production of documents by person not party to complaint
The Investigation and Tribunals Team or the respondent may apply for an order for production of documents by a person who is not a party to the complaint.
But the respondent may not apply for an order for the production of documents by the Investigation and Tribunals Team.
The application may be made at any time after the complaint to which it relates has been made.
The application must be made —
if the complaint has been referred to a bishop’s disciplinary tribunal or the Vicar-General’s court under section 27 (5) of the CCM, to the Chair of the tribunal or court, and
in any other case, to the President of Tribunals.
The application—
must be made in accordance with rule 105, and
may be made without notice being given to any person (but, where the application is made under paragraph (5)(b), the President may direct under rule 4 that written notice of the application must be given to specified persons).
The President or Chair may make an order on the application only if satisfied that the production of documents specified or described in the application is relevant and necessary for dealing fairly with the complaint.
The order must specify or describe the documents or the classes of document which the person to whom the order is directed must produce.
The order must state that—
the person to whom the order is directed must obey the order,
failure to do so may be a contempt, and
if the order is not obeyed, the person to whom it is directed may be liable to imprisonment or a fine or both.
Where an order under this rule is made without reasonable notice of the application having been given to the person to whom the order is directed, that person may apply to the President or Chair for discharge or variation of the order within the period specified in the order.
The period specified in the order under paragraph (10) must be at least 14 days beginning with the day after the order is made.