Court Procedures Rules 2006

For an application under rule 1118, the relevant affidavits are—

for a proceeding started by originating claim—an affidavit of service of the originating claim; and

Note This division applies to a counterclaim against a person not a party to the original proceeding as if it were a proceeding started by originating claim (see r 462 (4) (a) and (5)).

an affidavit in support of the application (the affidavit in support) sworn by—

the plaintiff or, if there are 2 or more plaintiffs, any plaintiff; or

a qualified person.

Note See approved form 2.36 (Affidavit in support of application for default judgment for debt or liquidated demand) AF2006-281.

The plaintiff’s solicitor may swear an affidavit in support only if the source of the knowledge of the facts deposed is—

the plaintiff; or

if there are 2 or more plaintiffs—any plaintiff; or

another qualified person.

An affidavit in support must be sworn not earlier than 14 days before the day the affidavit is filed in the court.

Note For what must be included in an affidavit of support, see the following rules dealing with default judgment for particular kinds of claims:

• r 1120 (Default judgment—debt or liquidated demand)

• r 1122 (Default judgment—unliquidated damages)

• r 1123 (Default judgment—detention of goods)

• r 1124 (Default judgment—recovery of possession of land)

• r 1125 (Default judgment—mixed claims)

• r 1126 (Default judgment—other claims).