Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 15.08

Requirements for affidavits

             (1)  An affidavit must:

                     (a)  be divided into consecutively numbered paragraphs, with each paragraph being, as far as possible, confined to a distinct part of the subject matter;

                     (b)  state, at the beginning of the first page:

                              (i)  the file number of the case for which the affidavit is sworn;

                             (ii)  the full name of the party on whose behalf the affidavit is filed; and

                            (iii)  the full name of the deponent;

                     (c)  have a statement at the end specifying:

                              (i)  the name of the witness before whom the affidavit is sworn and signed; and

                             (ii)  the date when, and the place where, the affidavit is sworn and signed; and

                     (d)  bear the name of the person who prepared the affidavit.

Note:          An affidavit must comply with subrule 24.01(1), including being legibly printed by machine.

             (2)  A document that is to be used in conjunction with an affidavit and tendered in evidence in a proceeding:

                     (a)  must be identified in the affidavit; and

                     (b)  must not be attached or annexed to the affidavit, or filed as an exhibit to the affidavit.

             (3)  If a document that is to be used in conjunction with an affidavit and tendered in evidence in a proceeding is in the possession of the party on whose behalf the affidavit is filed, a hard copy of the document must be served on each person to be served at the same time as the affidavit is served on that person.



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