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The Working Party similarly recommends that section 41 of the HCO be amended to
enable orders for post-commencement, pre-trial discovery from non-parties to be made
in all types of cases. The applicant should be required to show that the documents
sought are of a class that could be obtained under a subpoena at the trial and also that
the requirements of O 24 r 7A and O 24 r 13 are satisfied.
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