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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 8

                               SCHEDULE 8                  Rule 24

NEW ORDER 16

"ORDER 16-AFFIDAVITS Form of affidavit-Form 16

"1. (1) An affidavit must be in accordance with Form 16.

"(2) An affidavit must be divided into paragraphs, numbered consecutively,
each paragraph being, as far as possible, confined to a distinct portion of
the subject-matter. Signing of affidavit

"2. (1) The deponent and the person before whom an affidavit is sworn must
sign each page of the affidavit.

"(2) Subject to subrule (3), the deponent and the person before whom an
affidavit is sworn must initial alterations, interlineations or erasures in
the affidavit.

"(3) A deponent who is physically incapable of signing an affidavit need not:

   (a)  sign the affidavit; or

   (b)  initial alterations, erasures or interlineations in it.

"(4) A person before whom an affidavit is sworn must print his or her name
legibly under, or beside, the signature, after signing the jurat. Affidavit by
blind or illiterate person etc.

"3. (1) If the person before whom an affidavit is sworn considers that the
deponent is illiterate or blind, the person must certify, in or below the
jurat, that at the time the affidavit was sworn:

   (a)  the affidavit was read aloud to the deponent; and

   (b)  the deponent seemed to understand the affidavit.

"(2) If it appears to a person before whom an affidavit is sworn that the
deponent is physically incapable of signing the affidavit, the person must
certify, in or below the jurat, that at the time the affidavit was sworn:

   (a)  the affidavit was read aloud to the deponent; and

   (b)  the deponent seemed to understand the affidavit; and

   (c)  the deponent signified that the deponent swore the affidavit.

"(3) If an affidavit is to be made by a person who does not have an adequate
command of English:

   (a)  the affidavit and the oath or affirmation to be taken must be
        translated to the deponent into a language that the deponent
        understands; and

   (b)  the person who translated the affidavit and the oath or affirmation
        must certify, in or below the jurat, that the person has done so.

"(4) If an affidavit is made by a deponent who:

   (a)  is illiterate or blind; or

   (b)  is physically incapable of signing the affidavit; or

   (c)  does not have an adequate command of English; and the certificate
        required by subrule (1), (2) or (3) has not been provided, the
        affidavit is not to be used unless the court, or a Registrar, is
        satisfied that:

   (d)  the affidavit was read aloud or translated to the deponent, as the
        case requires; and

   (e)  the deponent seemed to understand it; and

   (f)  in the case of a person who is physically incapable of signing the
        affidavit-the deponent signified that the deponent swore the
        affidavit. Documents attached or exhibited

"4. (1) A document that is to be used in conjunction with an affidavit must be
attached to, or made an exhibit to, the affidavit.

"(2) An attachment to an affidavit must bear an endorsement, signed by the
person before whom the affidavit is sworn, that identifies the attachment as
the particular attachment referred to in the affidavit.

"(3) An exhibit to an affidavit must be identified:

   (a)  by the title and number of the proceedings in which the affidavit is
        filed; and

   (b)  by the person before whom the affidavit is sworn-as the particular
        exhibit referred to in the affidavit.

"(4) If a document is attached or exhibited to an affidavit, a copy of the
document must be served with the affidavit. Cover sheet

"5. An affidavit must have a cover sheet bearing, in addition to the matters
required by Order 2, rule 3:

   (a)  the name of the deponent; and

   (b)  the date upon which the affidavit was sworn. Name of person who
        prepares or settles affidavit

"6. (1) If a legal practitioner prepares or settles, or supervises the
preparation or settling of, an affidavit, the legal practitioner must endorse
on the affidavit, immediately after the jurat, a statement to that effect
including the legal practitioner's name.

"(2) If a party to proceedings prepares an affidavit, the party must endorse
on the affidavit, immediately after the jurat, a statement to that effect
including the party's name. Filing and service of affidavit

"7. A party who intends to rely on an affidavit in proceedings must:

   (a)  file the affidavit; and

   (b)  serve it on each other party to the proceedings; as soon as
        practicable after it is sworn and a reasonable time before the hearing
        at which the party intends to rely on it. Affidavit that does not
        comply with these Rules

"8. If an affidavit does not comply with these Rules, the court, or a
Registrar, may order that the affidavit must not be received in evidence.
Striking out of objectionable material

"9. (1) The court, or a Registrar, may order material to be struck out of an
affidavit, at any stage of proceedings, if:

   (a)  the material is inadmissible, unnecessary, irrelevant, prolix,
        scandalous or argumentative; or

   (b)  the material sets out opinions of persons who are not properly
        qualified to give them.

"(2) If the court, or a Registrar, orders material to be struck out of an
affidavit, the party who filed the affidavit must pay the costs (if any)
caused by the material struck out, unless the court, or the Registrar,
otherwise orders. Notice to attend for cross-examination

"10. (1) A party may require a named deponent to attend for cross-examination,
by written notice given to a party by whom an affidavit was filed.

"(2) If a party requires a deponent to attend for cross-examination and the
deponent fails to do so, the court, or a Registrar, may:

   (a)  refuse to allow the deponent's affidavit to be used; or

   (b)  allow the affidavit to be used only on terms directed by the court, or
        the Registrar; or

   (c)  adjourn the proceedings until the deponent attends for
        cross-examination. Deponent's attendance and expenses

"11. The court, or a Registrar, may make any orders the court, or the
Registrar, thinks fit regarding the attendance of, and the payment of the
out-of-pocket expenses of, a deponent who attends for cross-examination in
accordance with rule 10. Dates, etc. to be in figures

"12. In an affidavit, dates (except the name of a month), numbers and amounts
of money must be written in figures and not in words. Two or more deponents

"13. (1) If an affidavit is sworn by 2 or more deponents, the full name of
each deponent must be set out:

   (a)  at the beginning of the affidavit; and

   (b)  subject to subrule (2), in the jurat.

"(2) If all the deponents swear the affidavit at the same time and before the
same person, the jurat need only state that the affidavit was sworn by all the
'abovenamed' deponents. Affidavits not to be filed

"14. (1) A person must not file an affidavit in relation to an application
except:

   (a)  as provided by these Rules; or

   (b)  by order of a court, or a Registrar.

"(2) Except as otherwise provided in these Rules, an affidavit filed under
subrule (1), or by order of a court or a Registrar, must be received in
evidence only for the purpose of the application in relation to which it was
filed.". 


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