Principle

CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Contentious Facts Require Verification

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Facts alleged in an originating summons must be verified by affidavit. Without verification, the summons is incompetent. The court will strike it out. The principle ensures that the court has evidentiary support for factual assertions. The opposing party can test the facts. The rule applies…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in