Court Procedures Rules 2006

A document to be used with an affidavit must be—

annexed to the affidavit; or

an exhibit to the affidavit.

However—

no more than 50 pages in total may be annexed to an affidavit; and

an affidavit may not have both annexures and exhibits.

Each annexure must be identified sequentially on its 1st page by a letter, starting at ‘A’ for the 1st annexure.

Each annexure must include on its 1st page a statement—

identifying the annexure as the annexure mentioned in the affidavit of the person making the affidavit, and

signed by the person before whom the affidavit is taken.

A group of different documents may form a single annexure.

If it is not practicable to annex a document to be used with an affidavit, a copy of the document may be annexed to the affidavit.

Each exhibit to the affidavit must be identified by a separate certificate.

See approved form 6.13 (Certificate identifying exhibit) AF2006-421.

The certificate is the title page for the exhibit, and must be securely attached to the front of it.

The certificate—

must be signed by the person before whom the affidavit is taken; and

must include the initials of the person making the affidavit, followed by an identifying number corresponding to the number of the exhibit.

An exhibit to an affidavit must—

be served with the affidavit; but

not be filed in the court unless the court otherwise orders.

If an exhibit to an affidavit contains a document, or group of documents, the document or documents must be—

presented in a way that will facilitate the court’s efficient and quick reference to them; and

numbered on each page.

Subrule (13) applies if there is more than 1 documentary exhibit to an affidavit.

As far as practicable—

the documents must be bound in 1 or more books, with the pages numbered; and

a certificate must be bound—

if there is 1 book—at the front of the book; or

if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and

an index to each book must be bound immediately after the certificate.

If a document or thing has been filed in a proceeding, whether or not as an annexure or exhibit to an affidavit, in a subsequent affidavit filed in the proceeding—

the document or thing must not be made an annexure or exhibit to the affidavit; and

the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified.