(1)

This rule applies to a case started by an Application for Final Orders (Form 1) or Response to Application for Final Orders (Form 1A) except:

(a)

a Medical Procedure Application;

(b)

a Maintenance Application;

(c)

a Child Support Application or Appeal;

(d)

an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment; or

(e)

an application about a passport.

(2) Each party must file, at least 14 days before a pre-trial conference:

(a)

one affidavit setting out the party's evidence in chief; and

(b) for each witness the party intends calling at the trial:

(i)

one affidavit made by the witness, setting out the witness's evidence in chief; or

(ii)

if the witness refuses to swear an affidavit — a notice to that effect, setting out the name of the witness and a summary of the evidence sought to be adduced from the witness.

Note 1
The court may, by order, vary a requirement in this rule when the trial notice is issued.
Note 2
At the trial, a party may not refer to or rely on an affidavit filed in relation to an earlier application or hearing unless the court orders otherwise (see subrule 15.06 (3)).