Identity of individual by whom verifying affidavit to be made
235 Identity of individual by whom verifying affidavit to be made
An affidavit verifying the statement of a person in answer to interrogatories must be made by—
the person; or
if the person is a person under a legal incapacity—the person’s litigation guardian; or
if the person is a corporation or organisation—
a member or officer of the corporation or organisation; or
another individual involved in the management of its affairs; or
if the person is a body of persons lawfully suing or being sued in the name of the body or the name of an officer of the body or another person—a member or officer of the body; or
if the person is a State or the Commonwealth or an officer of a State or the Commonwealth suing or being sued in an official capacity—an officer of the State or the Commonwealth.
If subrule (1)(c), (d) or (e) applies—
the court may, in relation to all or any of the interrogatories—
specify, by name or otherwise, the individual to make the affidavit; or
specify, by description or otherwise, the individuals from whom the interrogating party may choose the individual to make the affidavit; and
the affidavit must be made in relation to the interrogatories, or the relevant interrogatories, by the individual specified or the individual chosen by the interrogating party.
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