Deponent for affidavit for discovery
20.22 Deponent for affidavit for discovery
An affidavit verifying a party’s list of documents or an affidavit to be filed by a party under an order under rule 20.21 must be made by one of the following:
the party;
if the party is a person under a legal incapacity—the party’s litigation representative;
if the party is a corporation or organisation—an officer of the corporation or organisation;
if the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person—a member or officer of the body;
if the party is the Crown or an officer of the Crown suing or being sued in the party’s official capacity—an officer of the Crown.
However, if the party is a person mentioned in paragraph (1)(b), (c), (d) or (e), the party to whom discovery is made may apply to the Court for an order specifying:
by name or otherwise—the person to make the affidavit; or
by reference to an officer or office—the persons from whom the party may choose the person to make the affidavit.
A person making an affidavit under paragraph (1)(c), (d) or (e) must know the facts to make the affidavit.
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