In Nova Scotia, the justices of the Supreme Court (Family Division) make decisions at trials and hearings based on the evidence that is presented to them by the parties. Most often, this includes financial information, and affidavit evidence, which outlines for the judge the facts of the case. However, there are certain circumstances where the information a party may feel is relevant to the overall determination of the file is not within their own knowledge or possession. When this occurs, litigants may seek out what is known as an “Order for Production.”
An Order for Production compels a third party, who is most often not a party to the proceeding, to release specific documents requested by the litigant. Some of the more common third party records sought in family law proceedings are the records of the RCMP/police or the Department of Community Services (Child Welfare).
Obtaining an Order for Production
There are two primary ways in which an Order for Production is obtained; by consent or by Motion through the Court.
In the event both parties consent to the release of specific records, an Order is drafted and signed by a judge. The Order is then provided to the third-party record holder who provides the information to the litigant.
In the event one party does not agree that the records should be produced, the party seeking the release of specific records must file a Motion for an Order for Production. When this happens, both parties present their evidence as to why they believe the records should or should not be released. The presiding justice then makes the determination as to whether the records should be released. One of the primary concerns the justice will concern him or herself with is whether the records are relevant to the proceeding at hand.
Orders for Production can be tricky, and there is procedure that must be followed if a litigant seeks the production of third-party records. The lawyers at Lenehan Musgrave LLP can help you determine whether an Order for Production is something that should be pursued as part of the overall process of litigation. If you have any questions, we encourage you to contact one of our family law lawyers or complete the form below to book a consultation.
