Clarification Of Test For Obtaining Documents From Non-parties For Use In Bermuda Litigation

There are limited options available to litigants who wish to obtain documents from non-parties for the purposes of Bermuda civil litigation. Unlike the United States, where litigants can obtain broad discovery from non-parties (including deposition discovery), Bermuda's Courts do not have the power to order discovery from non-parties for use in Bermuda proceedings.

In appropriate circumstances, a Bermuda litigant may obtain production of documents from a non-party present within the jurisdiction of Bermuda by applying to the Court for the issuance of a subpoena duces tecum. However, production of documents from a non-party may not be ordered unless the documents sought are "necessary for the fair disposal of the issues in dispute in the proceedings". In addition, documents sought by way of subpoena must be identified specifically, either individually or compendiously, and not by reference to broad categories or to the issues in the proceedings.