High Court Discovery Rules

We can assist you in navigating the New Zealand High Court Rules as it relates to eDiscovery. In particular, we are experts in assisting lawyers and their clients maximise the efficiencies to be gained from a Tailored Discovery order.

Talk to us if you need expert assistance with any of the below requirements:

Schedule 9 Discovery checklist and the listing and exchange protocol

Part 1 Discovery checklist

3 Tailored discovery

(2) The parties must—

(a) endeavour to agree a proposal in relation to the discovery order that should be made, with respect to the following:

(i) categories: identify the categories of documents required to be discovered by the parties, and for each category seek to limit discovery to what is reasonable and proportionate. This may be done by, for example, specifying—

(A) subject matter:

(B) date range:

(C) types of documents:

(D) key individuals (for example, those who are company directors or are at a specified management level); and

(ii) methods and strategies for locating documents: seek agreement on what methods and strategies are appropriate to conduct a reasonable and proportionate search for the documents as identified in paragraph (a), including (but not limited to) the following:

(A) appropriate keyword searches; and

(B) other automated searches and techniques for culling documents (including concept searching, clustering technology, document prioritisation technology, email threading, and any other new tool or technique); and

(C) a method to be used to identify duplicate documents; and

(D) whether specialist assistance is required to locate documents efficiently and accurately.