AFFIDAVITS IN CIVIL PROCEEDINGS
reference to an affidavit includes reference to any affidavit, solemn affirmation or the acknowledgment of any deed or recognizance for use in civil proceedings in the Court;
‘deponent’ means a person making an affidavit for use in civil proceedings in the Court, but includes reference to a person making a solemn affirmation or acknowledgment of a deed or recognizance for use in civil proceedings in the Court;
‘relevant document’ has the same meaning as in section 2 of the Statutory Declarations Act 1938.
2 Making an affidavit
2. (1) Subject to sub-rule (2), all affidavits for use in civil proceedings in the Court (which may be in the Form 50.01, Schedule C) must be made before a Commissioner empowered to administer oaths for the High Court, or a practising solicitor.
(2) Where the person making an affidavit resides outside the State, or is for the time being outside the State, the affidavit may be made before any person authorised by law to administer oaths in the place where the person making the affidavit resides or is.
3. Form of affidavit
4 Particulars of deponent and other requirements
(d) state the deponent’s means of knowledge of the facts sworn, except on interlocutory motions, on which a statement by the deponent as to his or her belief, and the grounds of his or her belief, may be admitted.
5 Affidavit may not be sworn before solicitor for party
5. No affidavit may be used in civil proceedings in the Court if it was sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of that solicitor, or before the party himself.
6 Attestation by person taking affidavit and jurat
(a) must express the date on which and the place at which he or she takes the affidavit; otherwise the affidavit must be taken not to be authentic and must not be filed without the permission of the Court;
and in a case to which paragraph (iii) applies, must give particulars of the relevant document concerned.
7 Additional requirements for affidavit by illiterate or blind person
7. (1) When an affidavit for use in civil proceedings in the Court is sworn or made by a person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit must certify that:
(2) No affidavit mentioned in sub-rule (1) may be used in evidence in the absence of the certificate mentioned in sub-rule (1) unless the Court is otherwise satisfied that the affidavit was read over to, and appeared to be understood by, the deponent.
8 Making an affidavit in a foreign language
8. (1) Subject to rule 9, where an intending deponent is not capable of making an affidavit in one of the official languages of the State, he or she must make an affidavit in another language which he or she understands (in this rule and rule 9 referred to as a ‘foreign language affidavit’).
(ii) a copy of the foreign language affidavit and the original translation referred to in sub-rule (2) are exhibited, and
9 Additional requirements for swearing and filing a foreign language affidavit
(a) ensure that the affidavit is made as a foreign language affidavit in accordance with rule 8; and
(c) certify in the jurat that the affidavit was read in his or her presence to the deponent by a suitably qualified interpreter, that the deponent fully understood it and that the deponent signed the foreign language affidavit in his or her presence.
(2) Where a foreign language affidavit is to be filed in Court, in addition to the translator’s affidavit referred to in rule 8(3) an affidavit of the interpreter must be filed at the same time in which the interpreter sets out his qualifications as an interpreter, exhibits a copy of the foreign language affidavit and confirms that he or she read accurately to the deponent the contents of the foreign language affidavit.
(3) Where the translator and interpreter are one and the same person, a single affidavit may be sworn by that person for the purposes of rule 8(3) and this rule.
(4) No foreign language affidavit may be used in evidence in the absence of the affidavit referred to in rule 8(3), unless the Court is otherwise satisfied as to the evidence contained in the foreign language affidavit.
10 Filing clause
(2) No affidavit may be filed or used without the note mentioned in sub-rule (1) unless the Court otherwise directs.
11. An affidavit which has in either the body or the jurat any interlineation, alteration, or erasure, may not be filed, read, or made use of in any civil proceeding in the Court without the permission of the Court unless:
(b) in the case of an erasure, the words or figures appearing at the time of taking the affidavit and erased are re-written and signed or initialled in the margin of the affidavit by the person taking it.
12 Power of Court to receive defective affidavit
and where the Court does so, it may direct a memorandum to be made on the document that it has been so received.
13 Filing of affidavits
(2) sub-rule (1) does not prevent the Judge from making an order on the undertaking of the applicant or his solicitor to file any affidavit sworn before the making of the order, or permitted by the Judge to be made after the order, provided that the Judge may stay the issue of any order until the affidavit has been filed.
14 Date of filing
15 Affidavit may not be used after limited time without permission
17 Costs of affidavit
regardless of the outcome of the hearing at which it is used.
18 Court or party may require attendance of deponent
18. (1) The Court may direct the deponent to any affidavit to attend at the trial or hearing at which the affidavit is to be used, where it considers the deponent’s attendance necessary in the interests of justice.
(2) Unless the Court has ordered otherwise, a party may, by written notice served on the party relying on the affidavit concerned at least seven days before the trial or hearing, require the deponent to any affidavit to attend at the trial or hearing at which the affidavit is to be used, for the purpose of being cross-examined.