Commonwealth Consolidated Regulations

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Deponent for affidavit for discovery

             (1)  An affidavit verifying a party's list of documents or an affidavit to be filed by a party under an order under rule 20.21 must be made by one of the following:

                     (a)  the party;

                     (b)  if the party is a person under a legal incapacity--the party's litigation representative;

                     (c)  if the party is a corporation or organisation--an officer of the corporation or organisation;

                     (d)  if the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person--a member or officer of the body;

                     (e)  if the party is the Crown or an officer of the Crown suing or being sued in the party's official capacity--an officer of the Crown.

             (2)  However, if the party is a person mentioned in paragraph (1)(b), (c), (d) or (e), the party to whom discovery is made may apply to the Court for an order specifying:

                     (a)  by name or otherwise--the person to make the affidavit; or

                     (b)  by reference to an officer or office--the persons from whom the party may choose the person to make the affidavit.

             (3)  A person making an affidavit under paragraph (1)(c), (d) or (e) must know the facts to make the affidavit.

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