Under art. 228 CCP, objections related to relevance made during an examination on discovery are supposed to be referred to the trial judge and that the witness must answer. This raises the question: what happens if opposing counsel is asking questions which are clearly irrelevant? Is there really no recourse?
As we are now all aware, under the New Code of Civil Procedure, chapter C-25.01 (“N.C.C.P.”), which entered into force on January 1, 2016, the Tariff of judicial fees of advocates (the “Tariff”) has been rescinded (article 832 N.C.C.P.), the distinction between “honoraires judiciaires” and “honoraires extrajudiciaires” has been eliminated and article 339 N.C.C.P. now provides an exhaustive list of all legal costs that can be claimed by a successful party to an action.