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r 17.01

Form of affidavit

In force
Part 17Affidavits

17.01 Form of affidavit

(1) An affidavit is to be made in the first person and is to be in accordance with Form 17A.

(2) The first page of an affidavit is to be headed immediately below the title of the proceeding with the name of the deponent and the date on which the affidavit is made.

(3)

Unless the Court orders otherwise, an affidavit is to state:

(a)

subject to subrule (4), the deponent's place of residence; and

(b) the deponent's occupation or, if the deponent has none, the deponent's description; and

(c) if applicable – that the deponent is a party to the proceeding or employed by a party.

(4) If a deponent makes an affidavit in a professional or other occupational capacity, the affidavit may, instead of stating the deponent's place of residence, state:

(a)

the address of the deponent's place of business; and

(b)

the position of the deponent; and

(c) if applicable – the name of the deponent's firm or employer.

(5) An affidavit is to be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

(6) An affidavit must contain a statement of the name and address of the party on whose behalf it is filed.

Note for rule 17.01

An affidavit must also comply with the requirements of the Part 3 of the Oaths, Affidavits and Declarations Act 2010.

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