BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
4.7 Application/Motion Timeframe Applications for interim relief generally require that the respondents to such applications have at least seven clear days’ notice of the hearing of that applica- tion. “Urgent” applications generally only require three clear days’ notice if brought to the attention of any other party.
5.3 Discovery in This Jurisdiction Generally, parties will be under a duty to disclose all information and documents that are directly rel- evant to the claim, confirmed by an order for stand- ard disclosure in the case. In simple terms, “directly relevant” means tending to either prove or disprove one’s case. This obligation to disclose all documents that are directly relevant is a continuing obligation on the parties. A supplemental list of documents must be served within 14 days after any new documents come to the party’s attention. It must be accompanied by an affidavit confirming compliance with the disclosure requirements and verifying that all newly discovered documents have been properly listed. Otherwise, parties may be ordered to specifically dis- close certain information by way of an order for “spe- cific disclosure”. Parties wishing to rely on a docu- ment must disclose that document in the proceedings within which they intend to use them. 5.4 Alternatives to Discovery Mechanisms A party may not rely on any document at trial that was not properly disclosed in accordance with the court’s disclosure order. Alternatives to discovery include the use of inter- rogatories and notices to admit facts. Interrogatories are written questions put to a party, which must be answered by affidavit. A notice to admit facts requires a party to admit the facts or part of the serving party’s case outlined in the notice. 5.5 Legal Privilege A party may claim privilege in the disclosure process and withhold documents from disclosure or inspection on that basis. Legal professional privilege covering certain correspondence between attorney and client features prominently in this area. A party lawfully pos- sessing that privilege may also waive that privilege of their own volition. Communications with in-house counsel qualify equally, provided that the nature of such documents supports the privilege being claimed.
5. Discovery 5.1 Discovery and Civil Cases
As a jurisdiction that has adopted English common law, Belize has a process of discovery, which is referred to as disclosure. Litigation proceeding through its nor- mal course in the Belize court is subject to the usual disclosure requirements. 5.2 Discovery and Third Parties The duty of disclosure is generally confined to the parties to the proceedings. Exceptionally, however, a court may order a third party to disclose information that is relevant to a claim involving parties other than that third party. These orders are of the Norwich Phar- macal/Bankers Trust type. In Belize, their primary use has been with respect to the unearthing of informa- tion in proceedings concerning international financial services. These orders are discretionary. To obtain them, one must generally satisfy the court that: • the applicant has suffered a wrong; • the applicant needs the information to commence a claim against the wrongdoer; • the respondent possesses the required informa- tion; and • in all the circumstances, it would be just for the court to order the respondent to come to the appli- cant’s aid by producing such information. Bankers Trust type orders specifically are used mainly in tracing actions where an applicant has been unlaw- fully deprived of its property or property to which it has a legal entitlement.
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