Service of affidavits
510 Service of affidavits
An affidavit, other than an answering affidavit or affidavit in reply, is not to be used on the hearing of an application unless it has been filed and a copy has been served on each party concerned at least 48 hours before the time appointed for the hearing of the application.
Subrule (1) does not apply – to an application for an order to show cause; or to an application which is made ex parte; or if the application is so urgent that subrule (1) ought not be enforced.
An answering affidavit or an affidavit in reply is not to be used on the hearing of an application unless it has been filed and a copy has been served on each party concerned as soon as practicable.
If subrule (1) or (3) is not complied with, the Court or a judge may – permit the affidavit to be used, notwithstanding the non-compliance, on any terms as may be proper; or adjourn the application on any terms as may be proper and allow the affidavit to be read on the adjourned hearing.
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