Victorian Numbered Regulations

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Affidavit of documents

    (1)     An affidavit of documents for the purpose of making discovery of documents shall be in Form 29B and shall—

        (a)     identify the documents which are or have been in the possession of the party making the affidavit;

        (b)     enumerate the documents in convenient order and shall describe each document or, in the case of a group of documents of the same nature, shall describe the group, sufficiently to enable the document or group to be identified;

        (c)     distinguish those documents which are in the possession of the party making the affidavit from those that have been but are no longer in that party's possession, and shall as to any document which has been but is no longer in the possession of the party

              (i)     state when the party parted with the document; and

              (ii)     the party's belief as to what has become of it;

        (d)     where the party making the affidavit claims that any document in that party's possession is privileged from production, state sufficiently the grounds of the privilege.

    (2)     If a party required to give discovery in accordance with Rule 29.01.1 does not, in making a reasonable search as required by Rule 29.01.1, search for a category or class of document, the party must include in the affidavit of documents a statement of—

        (a)     the category or class of document not searched for; and

        (b)     the reason why.

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