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.

Bundledocs is used to disclose documents. At each stage of disclosure not all documents which are in Bundledocs at the time will be disclosed. For example at the initial stage when key documents are disclosed, there will be other documents on Bundledocs which are not key documents and which will only be disclosed later on (at the main Disclosure of Documents stage). And even at the main Disclosure of Documents there will be documents in Bundledocs which do not need to be disclosed because they are not documentary evidence such as Statements of Case (pleadings) which the other party has anyway. So at each stage when Bundledocs is used to disclose documents it will be necessary to temporarily exclude some documents in Bundledocs from the process. Bundledocs allows you to exclude individual documents and it also allows you to exclude whole sections of documents. Although it depends to a certain extent on how you have organised documents in Bundledocs, generally at the main Disclosure of Documents stage you will be excluding some sections (such as a section which contains only pleadings) plus a few individual documents (such as documents disclosed early by the other side) in the remaining sections. By contrast at the initial stage when only a limited number of key documents are to be disclosed it will probably be easier to create a new temporary section (named e.g. "Documents Disclosed") temporarily move to it the limited number of documents to be disclosed, and temporarily exclude all other sections. If there is any supplementary disclosure after the main Disclosure of Documents stage then a new temporary section (named e.g. "Supplementary Disclosure") can be created, all other sections can be temporarily excluded, and the new documents can be loaded first to the new temporary section, for the purposes of disclosure, before being moved permanently to the most appropriate position in other sections. 

              


How to Create a Disclosure List

Create a sub-folder on your computer named with today's date - i.e. the date you are creating the disclosure list.

In Bundledocs exclude documents and/or sections (as described above) so that only the documents to be disclosed are included. If you are including  a JPG photo, make sure that there is also a PDF document showing that photo image and metadata and include that as well.

Then set the following options:

Use Numeric Section Number 
Suppress Page Column on Index Pages
Generate as Source-ZIP
Remove Global Title Page

Use a Bookmark Description Source of Source Code and enter a Bookmark Description Source Code of @Order @Description (@Date)  

Make sure Hide Document Level Display Order is NOT set.

Set Index Name to an appropriate title which could be, for example:- 

Applicant's Initial Disclosure List - 22 Feb 2020

Applicant's Disclosure List -  15 Apr 2020

Applicant's Supplementary Disclosure List - 11 May 2020


Tap Generate and a ZIP file will then be generated containing the Disclosure List in PDF format plus a folder containing copies of the individual files with names starting with the number on the Disclosure List. You should save this ZIP file into the sub-folder you have created.


Sending copies of the disclosed documents to the other side

Typically the ZIP file 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 a download link to an email recipient.   


Formally Serving the Disclosure List on the other side

Although the Disclosure List is included within the ZIP file you have sent, you may, depending on the rules of the particular court/tribunal need to also formally serve a copy of the Disclosure List on the other side.  

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 ZIP file produced by Bundledocs. The rules of the particular court/tribunal might require you to formally "serve" the Disclosure List (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

As doing the above steps involved you in setting Excluded status for some sections and/or some documents, you should now go back to Bundledocs and set Included status again. Also untick the Use Numeric Section Number option.
 
  

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 July 2020. Disclaimer