Court Procedures Rules 2006

This rule applies if, in a division 3.1.9 proceeding, the court gives a direction under rule 3094 for affidavits of scripts to be filed.

The plaintiff, and any party who files a notice of intention to respond, must each file in the court an affidavit—

either—

describing any script of the deceased person of which the person knows; or

if the party does not know of any script of the deceased person—stating the party does not know of any script of the deceased person; and

if the party making the affidavit does not have possession of any known script—

stating the name and address of the person who has, last had, or is believed to have or last had, possession of the script and the grounds for any belief; or

if the party does not know who has possession of the script—stating that fact.

Possession is defined in the dictionary.

The party must ensure any script in the party’s possession is filed as an exhibit to the affidavit.

If the party does not possess the original script, the party must file a copy of the original script in the party’s possession as an annexure to the affidavit.

The affidavit of a party who files a notice of intention to respond must be filed not later than 14 days after the day the person files the notice of intention to respond.