Order 16 — Affidavits
Rule 1 Evidence on motions, etc.
Upon any motion, petition, summons or other application, evidence may be given by affidavit, but the Judge may, suo motu or on application, order the attendance for cross-examination of the deponent and where, after such an order has been made the deponent does not attend, the deponent’s affidavit shall not be used as evidence save by special leave.
Rule 2 Title of affidavit
Every affidavit shall bear the title in the cause or matter in which it is sworn but in every case in which there is more than one Plaintiff or Defendant, it shall be sufficient to state the full name of the first Plaintiff or Defendant respectively, and that there are other Plaintiffs or Defendants, as the case may be.
Rule 3 Use of defective affidavit
The Judge may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct that the affidavit be filed or otherwise used as the Judge thinks fit.
Rule 4 Special time for filing affidavits
Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Judge.
Rule 5 Affidavits in support of ex-parte applications
Except by leave of the Judge, no order made ex-parte in Court founded on any affidavit shall be of any force, unless the affidavit on which the application was based was made before the order was applied for, and produced or filed at the time of making the application.
Rule 6 Alterations in accounts to be initialled
Every alteration in any account verified by affidavit shall be marked with the initials of the Commissioner before whom the affidavit is sworn and such alterations shall not be made by erasure.
Rule 7 Exhibits
Accounts, extracts from registers, particulars of creditors’ debt, and other documents referred to by affidavit, shall be attached to the affidavit and referred to as exhibits.
Rule 8 Certificate of exhibit
Every certificate on an exhibit referred to in an affidavit signed by the commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter.
Rule 9 Application of Evidence Act
The relevant provisions of the Evidence Act, which set out provisions governing affidavits, shall be applicable under these Rules.