Affidavits
87G Affidavits
An affidavit that is lodged by email for filing may have annexures attached to it if – an index of the annexures is specified in the affidavit beneath the title to the proceedings; and each reference to an annexure in the index contains a hyperlink to its relevant annexure; and each reference to an annexure in the body of the affidavit contains a hyperlink to its relevant annexure.
The cover sheet accompanying an affidavit that is lodged by email for filing is to include, in addition to the information specified in rule 87B(2) – a list, under the description of the affidavit, that separately identifies each exhibit, if any; and a certificate, signed by the person lodging the affidavit, stating that – the affidavit is a true and complete facsimile of the original; and the original of the affidavit will be held in safe custody until the proceeding to which the affidavit relates has been concluded and at least 3 months have passed since the expiry of any period allowed for appeal or further appeal in relation to the proceeding; and the original of the affidavit will be produced for inspection upon request by a party to the proceeding, the Court or a judge.
Unless the Court or a judge makes an order to the contrary, a person who has lodged an affidavit by email for filing may not use the affidavit as evidence if a request for the production of the original of the affidavit is not satisfied.
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