Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 29.02

Form of affidavit

         (1)   An affidavit must comply with Form 59 and be made in the first person.

         (2)   The first visible page (being the first page, the cover page or the front cover page) must state:

                (a)    the deponent's description; and

               (b)    the date on which the affidavit was sworn.

Note    Description is defined in the Dictionary.

         (3)   An affidavit must be divided into numbered paragraphs and, to the extent practicable, each paragraph must deal with a separate subject.

         (4)   A document that accompanies an affidavit must be annexed to the affidavit unless the document is:

                (a)    an original; or

               (b)    of such dimensions that it cannot be annexed.

         (5)   If paragraph (4) (a) or (b) applies, the document must be exhibited.

         (6)   Each page, including any annexure, must be clearly and consecutively numbered starting with page '1'.

         (7)   Each page of the affidavit (but not any annexure) must be signed by the deponent (other than a deponent who is unable to sign the affidavit because of a physical disability) and by the person before whom it is sworn.

         (8)   Each annexure and exhibit must be identified on its first page by a certificate entitled in the same manner as the affidavit and by the deponent's initials followed by a number (starting with '1' for the first annexure or exhibit).

         (9)   The annexures and exhibits must be numbered sequentially.

       (10)   No subsequent annexure or exhibit in any later affidavit sworn by the same deponent may duplicate the number of a previous annexure or exhibit.

       (11)   Each exhibit to an affidavit must be signed on the first page of the exhibit by the person before whom the affidavit is sworn.

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