Evidence on application for garnishee summons
71.05 Evidence on application for garnishee summons
(1) An order shall not be made under rule 71.04 unless it is shown by affidavit:
(a) that the judgment is unsatisfied, either wholly or to a stated extent; and
that:
(i) a debt is due or accruing to the judgment debtor from the garnishee; or
(ii) a debt will or is likely to become due or accrue to the judgment debtor from the garnishee,
as the case requires.
(2) Where an application is made for an order under rule 71.04 in respect of a debt within subrule (1)(b)(ii), the affidavit shall give particulars identifying the transaction between the judgment debtor and the garnishee under which the debt will or is likely to become due or accrue and state the date or likely date it will become due or accrue.
(3) An affidavit under this rule may contain statements of fact based on information and belief if the grounds are set out.
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