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ARTICLE · 29 DECEMBER 2021

Challenging A Third-Party Discovery Request

William Fry LLP
William Fry LLP
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William Fry LLP

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"Third-party" or "non-party" discovery is provided for under Irish court rules. It is an extension of the scope of discovery in that it allows the court to order a non-party or stranger to the proceedings...

IrelandLitigation, Mediation & Arbitration
Paul Convery
Paul Convery
Laura Murdock
Laura Murdock
Adele Hall
Adele Hall
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"Third-party" or "non-party" discovery is provided for under Irish court rules. It is an extension of the scope of discovery in that it allows the court to order a non-party or stranger to the proceedings to make discovery of documents in certain circumstances.  

Basis and Standing

Order 31 Rule 29 of the Rules of the Superior Courts (RSC) governs the procedure in the superior courts, while similar provisions are also contained in the Circuit Court Rules and District Court Rules.

The test applicable to an application for non-party discovery was summarised by the Supreme Court in Edward Keating v Radio Telefís Éireann and Others [2013] IESC 22. The applicant must establish that:

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