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As enacted

15. Insertion of new section 104A in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new section is hereby inserted immediately after section 104 of the principal enactment and shall have effect as section 104A of that enactment: -

“Orders for preservation, disclosure or production of documents or documents in electronic form.”.

104A.

”Protective orders

A party, person or an entity against whom the discovery, production or preservation of a document or document in electronic form is sought, may apply for a protective order to the court within which such action is pending.

The court may, for good cause, make one or more of the following orders to protect any such document or the interests of a person, entity or party: -

(a)

prohibiting the disclosure or discovery;

(b)

specifying terms, including the time, place, forms and manner of the disclosure or discovery;

(c)

prescribing a discovery method other than the one selected by the party seeking discovery;

(d)

prohibiting inquiry into certain matters or limiting the scope of disclosures or discovery to other matters;

(e)

designating persons or experts who may be present while the discovery is conducted;

(f)

appointing persons or experts who shall conduct the disclosure, discovery, preservation, inspections, keep custody, examination, analysis, reporting and presenting them in court;

(g)

directing that a confidential research, development or trade secret or undisclosed or confidential information of commercial nature not to be disclosed or disclosed only in a specified manner; or

(h)

directing that a document in relation to undisclosed confidential research, development or trade secret or undisclosed or confidential information of commercial nature not to be disclosed or disclosed only in a specified manner.”.