Bundledocs - Disclosing copies of documents to the other side

There can be serious consequences of not disclosing documents you should have disclosed. For example you may be barred from using, at trial, a document which is important to your case if you have not disclosed it by the deadline directed by the court/tribunal. If there is a dispute about exactly what you disclosed and when, you need to be able to check and prove what was disclosed. So every time you send the other side a list of documents (disclosure list) and/or copies of documents themselves, you should create a sub-folder naming it based on the date that you sent them  - e.g. 2019-11-28 My Disclosure - and store in it what you have sent to the other side on that occasion. I say "every time" because the rules of some courts and tribunals require a subset of key documents to be disclosed before the main Disclosure of Documents stage. For example, the person who starts the case (the Claimant or Applicant) may be required to disclose key documents when they start the case, and the rules may require the other party (Defendant or Respondent) to disclose a limited number of key documents when they make their initial response to the Claim/Application, and then at the main Disclosure of Documents stage, later on, it is usual for both parties to be directed to disclose a full list of disclosable documents.

In order to facilitate the various stages of disclosure there will be, to begin with, separate Documentary Evidence sections in Bundledocs for documents disclosed by each party. This is simply a matter of convenience. Bundledocs allows you to exclude individual documents from a generated list but it also provides the ability to exclude entire sections, so whilst it is always possible to include and exclude the documents you need to at each stage irrespective of how the Documentary Evidence sections are arranged, certain arrangements make it easier and the following is an example of how it is typically organised. In this example it is assumed that you are the Claimant:-

Before the main Disclosure of Documents stage:-

 
Claimant's Documentary Evidence - initial key documents

 contains key documents relied on by you which may need to be disclosed at an initial stage
 
Claimant's Documentary Evidence - other documents
  
   
 contains other documents gradually being identified and loaded by you - finalised at the main Disclosure of Documents stage   
 
Defendant's Documentary Evidence

 
 contains documents disclosed by the other side 

After the main Disclosure of Documents stage:-

After the main Disclosure of Documents stage the Documentary Evidence sections are not longer divided according to which side disclosed a document but rather according to how they may be most conveniently organised for the purposes of the eventual trial. Of course every document will still have a Disclosing Party box showing which party disclosed that document.  

 
 Photos



 
 contains all photos disclosed by either side - the "Disclosing Party" field on each documents indicates which which party disclosed the particular photo.
 
 Documentary Evidence
 
 contains all other documents disclosed by either side - the "Disclosing Party" field on each documents indicates which which party disclosed the particular document.


Sometimes, after the main Disclosure of Documents stage, there is a supplementary disclosure of further documents. This could happen if, for example, as a result of witness statements being obtained a witness provides to you a relevant document, such as an historical photo, which you did not previously have and, the photo (or a copy of it) now being in your possession, it becomes your duty to disclose it if it falls within the class of documents which the rules, or the court's/tribunal's directions, require to be disclosed. In this event a further temporary section Claimant's Documentary Evidence for supplementary disclosure would be created, and be used to generate a supplementary disclosure list. Thereafter its contents would be moved to the Photos section or the Documentary Evidence section as appropriate and the empty temporary section would then be deleted.

              


How to Create a Disclosure List

Set all sections in Bundledocs, other than the section containing the documents to be disclosed, to Excluded. 

As explained in the introduction (see above) you should create a sub-folder on your computer named with today's date - i.e. the date you are creating the disclosure list. Then set the Suppress Page Column on Index Pages and Suppress Page Numbering on Documents and Remove Global Title Page options, and make sure Hide Document Level Display Order is NOT set. Set Index Name to an appropriate title which could be, for example:- 

Claimant's Initial Disclosure List - 22 February 2020

Claimant's Disclosure List -  15 April 2020

Claimant's Supplementary Disclosure List - 11 May 2020


Tap Generate and a PDF will then be generated which starts with the Disclosure List and then includes every document listed with a bookmark. You should save this PDF into the sub-folder you have created.


Sending copies of the disclosed documents to the other side

Typically the PDF will be too large to send by ordinary email but if you tap the Download Bundle button in Bundledocs and tap on the email symbol you can forward the bundle to an email recipient in a way which allows them to download the PDF. The PDF includes every document listed with a bookmark so that the recipient can easily extract the individual documents when you send the PDF to them.  

If any of the documents are copies of digital photos, create a Native Copies of Photos sub-sub-folder, and copy the original jpg files into it. These should be copies which you have saved on your computer with the original EXIF data and "date modified" data intact (rather than copies downloaded from Bundledocs). Don't rename the jpg files: just leave them with their original names.   

If any documents in the PDF is a video or audio "placeholder", the corresponding mp3/mp4 etc. file should be copied to the Native Copies of Photos sub-sub-folder, renaming that sub-sub-folder to e.g. Native Copies of Photos and Videos as appropriate. These files copied should be copies which you have saved on your computer with the original "date modified" data intact (rather than copies downloaded from Bundledocs). Don't rename the mp3, mp4 etc. files: just leave them with their original names. 

Send the entire contents of the sub-sub-folder to the other side in their preferred format which preserves metadata


Formally Serving the Disclosure List on the other side

Although the first page(s) of the PDF which you have sent to the other side contains the Disclosure List you may, depending on the rules of the particular court/tribunal need to also formally serve the list of documents on the other side. You can produce a PDF copy of just the list by setting the Generate without Documents setting in Bundledocs and regenerating. 

Particularly if you are at the main Disclosure of Documents stage the disclosure order made by (and/or the rules of) the particular court/tribunal might require you to attach some kind of disclosure statement or certificate to the list of documents when you formally send it and, if so, you should store a PDF copy of the signed disclosure statement/certificate and list in the sub-folder which already contains the bookmarked PDF. The rules of the particular court/tribunal might require you to formally "serve" the list of documents (together with any disclosure statement/certificate required) on the other side by a method of service permitted by the rules - e.g. post - and, if so, you should store a PDF copy of evidence of service (e.g. a certificate of posting) in the sub-folder as well. 


After you have sent the documents to the other side

Switch off the Generate without Documents option. 

As doing the above steps involved you in setting Excluded status for some sections, you should now go back to Bundledocs and set Included status again for all sections. 
 
  

Disclaimer

The information on this page about specific computer techniques is provided for information purposes only. Every reasonable effort has been made to ensure that the information is accurate and up to date at the time it was written but no responsibility for its accuracy, or for any consequences of relying on it, is assumed by me. You should satisfy yourself, before using any of the techniques, software or services described, that the techniques are appropriate for your purposes and that the software or service is reliable.

Any explanation about naming conventions or other matters in the context of tribunal or court procedure is only an overview and in order to be reasonably concise I have had to leave some details out - details which are likely to affect what the procedural law would say about your own situation. So please do not rely on the above but contact me for advice.

This page was lasted updated in May 2020. Disclaimer