Order 31 — Affidavits

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 person in question does not attend, his affidavit shall not be used as evidence save by special leave.

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 Claimant or Defendant, it shall be sufficient to state the full name of the first Claimant or Defendant respectively, and that there are other Claimants or Defendants, as the case may be.

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 a memorandum to be made on the document that it has been so received.

Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless with the leave of the Judge.

Except with the leave of the Judge, no Order made ex parte in Court founded on any affidavit shall have 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.

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.

Accounts, extracts from registers, particulars of creditors’ debt and other documents referred to by affidavit, shall not be annexed to the affidavit or referred to as annexed, but shall be referred to as exhibits.

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.

A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a Court, Judge, Notary Public or person having authority to administer oath in any foreign country in testimony of an affidavit being taken before it or him in that country, shall be admitted in evidence without proof of the seal or signature of that Court, Judge, Notary Public or person.

The provisions of the Evidence Act governing affidavits shall be applicable under these Rules.