(1)

Before the hearing of a creditor's petition, the applicant creditor must file the affidavits required by this rule.

(2)

The applicant creditor must file an affidavit stating that the documents required to be served under rule 31.05 have been served, and stating when and how they were served.

(3) The applicant must file an affidavit of a person who has searched, or caused a search to be made, in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:

(a)

sets out the details of any references in the Index to the debtor; and

(b)

states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day when the petition was presented; and

(c)

has attached to it a copy of the relevant extract of the Index.

(4) The applicant must file an affidavit of a person who knows the relevant facts that:

(a)

was sworn as soon as practicable before the hearing date for the petition; and

(b)

states that each debt on which the applicant relies is still owing.

(5)

If the debt stated in the petition is an amount payable to the petitioner under a judgment that ordered the amount to be paid into the court that gave the judgment, the applicant must file an affidavit of a person who has searched in the proper office of that court, not earlier than the day before the hearing date for the petition, stating whether the amount, or part of the amount, has been paid into the court in accordance with the judgment.

(6) If it is not practical for the applicant to file the original of an affidavit:

(a)

a fax copy of the affidavit may be filed; and

(b)

the original affidavit must be filed within 2 days after the hearing at which the fax copy is used.