Ensuring Access to Crucial Evidence in Litigation
If you are involved in a lawsuit and believe a third party holds crucial records which are relevant and material to your case, you can obtain a court order to have the third-party produce those records, ensuring you have the evidence you need to support your case.
Under Rule 5.13 of the Alberta Rules of Court, a court may order a non-party to a litigation action to produce a record if:
Records are relevant to a lawsuit when they have the potential to clarify a key issue in dispute. This means that if a document, or any other form of record can provide insight or evidence related to the claims or defenses in the case, it may be considered relevant. This Rule plays a critical role in ensuring that all relevant evidence is accessible by all parties to the action, even if it is in the control of a third party. It prevents situations where key evidence is left out because it is in the possession of a non-party. By allowing Courts to compel non-parties to produce relevant records, Rule 5.13 ensures that access to critical evidence is not a barrier to success in your case.
How Rule 5.13 Strengthens Your Case
For example, in a business dispute, records that are held by an accountant or a bank may be crucial to proving your case to the Court. Rule 5.13 ensures that parties can access this information despite the bank or accountant not being a party in the lawsuit.
Our litigation team has extensive experience obtaining court orders under Rule 5.13 and successfully handling third-party record requests. With a strong track record and expertise, we are equipped to secure the evidence you need to strengthen your case.
Do not let unavailable evidence stand in the way of your legal success.
Ready to take the next step?
Navigating a legal dispute? Our experienced team is here to guide you, secure key evidence, and build a strong case.
Have questions? We’re here to help! Email [email protected], or call (403) 457-0722.