(c) Any other party who does not agree to the draft list of categories or issues is to circulate an alternative draft list showing marked up modifications to the original draft list. (d) If the parties are unable to agree on the list of categories or issues, as the case may be, the Court may determine the content of the list or direct that disclosure not proceed by way of categories of documents or by reference to specified issues. (e) When a final list of categories or specified issues is agreed upon or ordered, each party is, subject to any contrary Court order or express agreement, to make disclosure of documents under Rule 136 by reference to the sole criterion of whether a document falls within one of the listed categories or is directly relevant to one of the specified issues, as the case may be, and not by reference to the issues raised on the pleadings or affidavits in lieu of pleadings.
(c) Any other party who does not agree to the draft list of categories or issues is to circulate an alternative draft list showing marked up modifications to the original draft list. (d) If the parties are unable to agree on the list of categories or issues, as the case may be, the Court may determine the content of the list or direct that disclosure not proceed by way of categories of documents or by reference to specified issues. (e) When a final list of categories or specified issues is agreed upon or ordered, each party is, subject to any contrary Court order or express agreement, to make disclosure of documents under Rule 136 by reference to the sole criterion of whether a document falls within one of the listed categories or is directly relevant to one of the specified issues, as the case may be, and not by reference to the issues raised on the pleadings or affidavits in lieu of pleadings.