9. PRINCIPLES OF PROPORTIONALITY!

3. Proportionality in Discovery

The civil rule reforms require proportionality to be considered on all motions relating to discovery (rule 29.2.03). Discovery motions, also known as "refusals motions", address whether a person should answer a question posed on an examination for discovery or whether a person should produce a document. On a discovery motion, parties can now argue that the court should consider:

• the time, expense, or undue prejudice caused to answer a question or produce a document
• whether answering the question or producing the document would interfere with progress of action
• whether the information is readily available from another source
• whether any order would result in the excessive production of documents.

The court will continue to consider relevance and privilege and will also be able to consider the principles of proportionality when determining whether to require that a question be answered or a document produced.

________________________________________________________________________

I have nothing further to add, since, to this Respondent, the court is NOT adhering to proportionality. I shall await the 'logical' next steps, as the Master will venture to dismiss the case.

I will then present the Attorney General's Office with my complaint requesting a Judicial Review. I will Blog post that request. I shall try to gain some energy in the mean time.