On 16 October 2020, the Applicant filed a motion for production of
documents. In the said motion, the Applicant seeks the production of all documents
related to the disciplinary sanction imposed on three other staff members investigated
in connection with the Applicant’s case “in order to reassess what is alleged against
him, for his defence”. (...) UNDT/NBI/2019/108
Order No. 212 (NBI/2020)
Page 3 of 5
c. the requested documentation is confidential and its production would
violate the rights of individuals who are not party to the present proceedings.
(...) Pursuant to art 9.1 of the UNDT Statute, the UNDT may “order production of
documents or such other evidence as it deems necessary”.
Language:English
Score: 425191.3
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www.un.org/en/internalj...s/undt/orders/nbi-2020-212.pdf
Data Source: oaj
On 29 April 2021, the Applicant filed a motion for production of evidence.
6. On 5 May 2021, the Respondent responded to the Applicant’s motion
objecting to it.
7. (...) The Applicant, to provide detailed justification for the production of the
OIOS’ “0019/020 investigation report” referred to in his above-mentioned
motion.
(...) On the same date, the Applicant submitted that a hearing is warranted,
explained the relevance of each testimony he required, provided a detailed
justification for the production of OIOS investigation report 0019/20, and submitted
a motion for production of evidence of OIOS investigation reports 0413/19 and
0847/20.
11.
Language:English
Score: 415289.36
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www.un.org/en/internalj...s/undt/orders/gva-2022-080.pdf
Data Source: oaj
If there were such an entitlement, he or she would not need to request the
Tribunal to order production and could simply rely on the legal right. (...) Sometimes the
party seeking production will not know its contents though it appears to belong to a
class of documents likely to be relevant. In such a case it will very likely be “fair” to
require production. In cases of sensitivity it may be that production in the first
instance is made to the Tribunal and the judge order access to be given or refused
after he or she has inspected the document.
Language:English
Score: 415198.93
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www.un.org/en/internalj...dt/judgments/undt-2009-024.pdf
Data Source: oaj
The Applicant’s principal contentions regarding circumstances for the
production of the Further Information may be summarized as follows:
a. (...) Arrangements will be made for the secure and in-person transmittal of
the final work product to OHRM at Headquarters in New York;
l. (...) An order
concerning the production of any document over which confidentiality is sought
Case No.
Language:English
Score: 411554.9
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www.un.org/en/internalj...dt/judgments/undt-2011-069.pdf
Data Source: oaj
On 11 July 2022, the Applicant also submitted a motion for production of
documents. By that motion, the Applicant seeks orders that the Respondent produces:
a. (...) Noting that the Applicant did not object to
their production, the motion to produce them is allowed.
(...) The Applicant’s motion for production of documents is rejected.
(Signed)
Judge Margaret Tibulya
Dated this 22nd day of July 2022
Case No.: UNDT/NBI/2021/087
Order No.:085 (NBI/2022)
Page 4 of 4
Entered in the Register on this 22nd day of July 2022
(Signed)
Abena Kwakye-Berko, Registrar, Nairobi
Language:English
Score: 410714.45
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www.un.org/en/internalj...s/undt/orders/nbi-2022-085.pdf
Data Source: oaj
SECRETARY-GENERAL
OF THE UNITED NATIONS
ORDER
ON PRODUCTION OF EVIDENCE
Counsel for Applicant:
Michael Horn, Archer & Greiner, PC
Counsel for Respondent:
Yehuda Goor, AAS/ALD/OHR, UN Secretariat
Case No. (...) The Applicant requested the Tribunal to order the production of all evidence
including a copy of all reports, CCTV recordings and telephone recordings in
connection with the 29 March 2021 incident supporting the issuance of the Notice.
9. In this respect, the Tribunal recalls that art. 9.1 of its Statute provides that it
“may order production of documents or such other evidence as it deems necessary”.
Language:English
Score: 409562.26
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www.un.org/en/internalj...es/undt/orders/ny-2022-076.pdf
Data Source: oaj
SECRETARY-GENERAL OF THE UNITED NATIONS
ORDER ON APPLICANT’S MOTION FOR PRODUCTION OF EVIDENCE
Counsel for the Applicant:
Monika Bileris
Counsel for the Respondent:
Susan Maddox, ALS/OHRM
Case No. (...) In his submissions, the Applicant also requested the Tribunal to make three
orders requiring the production of additional evidence.
5. In light of the Tribunal’s decisions on these requests the Respondent was not
called on to respond.
(...) As its
probative value is unclear the Tribunal will order its production, initially on an ex
parte basis for the Tribunal to evaluate and make a final decision on its admissibility.
16.
Language:English
Score: 408075.02
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www.un.org/en/internalj...s/undt/orders/nbi-2015-309.pdf
Data Source: oaj
A problem with the definition of “judgment” adopted by the respondent is that
it clearly does not cover all interlocutory orders, such as orders for production of
documents. An order for production is not an interim judgment on the issues in the
case in the sense in which that phrase is used in the Dictionary cited. (...) Nor does it suggest that the jurisdiction of
the Tribunal to order the production of documents is limited in the way suggested.
(...) The DTS in art 9 gives power
in unqualified language to require the production of documents –
[9] 1. The Dispute Tribunal may order production of documents or
such other evidence as it deems necessary
Language:English
Score: 405091.19
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www.un.org/en/internalj...es/undt/orders/ny-2010-059.pdf
Data Source: oaj
Moulana’s request for production of documents, including ruling on his Motion, the
Secretary-General submits that there is no right for a party to have documents produced into
evidence and no obligation on the UNDT to order such production or rule on motions requesting
the production of evidence. (...) Moulana, when it failed to address his requests for the production
of documents, including ignoring his Motion. (...) Moulana’s motion for
production of documents and further proceedings by another Judge.
Language:English
Score: 404651.78
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www.un.org/en/internalj...t/judgments/2022-UNAT-1302.pdf
Data Source: oaj
SECRETARY-GENERAL OF THE UNITED NATIONS
ORDER ON THE APPLICANT’S
APPLICATION FOR PRODUCTION OF
EVIDENCE
Counsel for Applicant:
Adolph Bishanga
Counsel for Respondent:
Stephen Margetts, ALS/OHRM, UN Secretariat.
(...) Introduction
1.1 By Application dated 18 May 2010, the Applicant requests the Tribunal to order
the production of the following documents which are in the possession of the
Respondent.
(...) Considerations
2.1 The Tribunal, having considered the parties’ submissions and pursuant to Article
18(1) of the UNDT Rules of Procedure, finds that the documents sought by the
Applicant are not relevant to any issue in the proceeding and,
REJECTS the Applicant’s Motion requesting the Tribunal to order the production of the
evidence.
Language:English
Score: 403281.74
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www.un.org/en/internalj...s/undt/orders/nbi-2010-084.pdf
Data Source: oaj