Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 43.01

Form of affidavit

    (1)     An affidavit shall be made in the first person.

    (2)     Unless the Court otherwise orders, an affidavit shall state—

        (a)     the place of residence of the deponent and the deponent's occupation or, if the deponent has none, the deponent's description; and

        (b)     that the deponent is a party to the proceeding or employed by a party, if such be the case.

    (3)     Notwithstanding paragraph (2), where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit may, instead of stating the deponent's place of residence, state—

        (a)     the address of the deponent's place of business;

        (b)     the position the deponent holds; and

        (c)     the name of the deponent's firm or employer, if any.

    (4)     An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

Rule 43.01(5) amended by S.R. No. 105/2021 rule 8(1).

    (5)     Every affidavit shall be signed by the deponent, except as provided by Rule 43.02(1), and the jurat shall be completed and signed by the person before whom it is sworn or affirmed.

Rule 43.01(6) amended by S.R. No. 105/2021 rule 8(1).

    (6)     Each page of an affidavit shall be signed by the person before whom it is sworn or affirmed.

Rule 43.01(7) amended by S.R. No. 105/2021 rule 8(1).

    (7)     The person before whom an affidavit is sworn or affirmed shall legibly write, type or stamp below the person's signature in the jurat—

        (a)     the person's name and address; and

        (b)     a statement of the capacity in which the person has authority to take the affidavit.



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