Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1149

Evidence in summary judgment proceedings

    (1)     Evidence must be given by affidavit in support of an application under this division unless the court gives leave.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.

    (2)     An affidavit may contain statements of information and belief if the person making the affidavit states the sources of the information and the reasons for the belief.

    (3)     A party to an application under this division who intends to rely on a document must—

        (a)     annex or exhibit the document to an affidavit; or

        (b)     identify in an affidavit the provisions relied on to the extent the party is able to identify them.

    (4)     A person who makes an affidavit to be read in an application under this division may not be cross-examined without the court's leave.



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