Childrens Court Rules 2016

A document used with and mentioned in an affidavit is an exhibit.

A thing used with and mentioned in an affidavit may be an exhibit, if practicable.

A group of different documents may form 1 exhibit.

If it is impracticable to exhibit the original of a document used with and mentioned in an affidavit, a copy of the document may be an exhibit to the affidavit.

An exhibit to an affidavit must—

have a letter, number or other identifying mark on it; and

be bound with the affidavit, if practicable; and

have a certificate in the approved form on or attached to the exhibit.

An exhibit to an affidavit must be filed when the affidavit is filed.

Subrules (8) and (9) apply if—

an exhibit to an affidavit is made up of a group of documents; or

there is more than 1 documentary exhibit to an affidavit.

The documents are to be presented in a way that will assist the court’s efficient and quick reference to them.

As far as practicable—

the documents are to be bound in 1 or more paginated books; and

despite subrule (5)(c), each book must have a certificate in the approved form on or attached to the front of the book dealing with the exhibits in the book; and

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

A certificate mentioned in subrule (5)(c) or (9) must be signed by—

if the affidavit is taken under rule 86—the person who took the affidavit; or

otherwise—the person who made the affidavit and the person who took the affidavit.

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

the document or thing must not be made an 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.