1988 Ed.] The Rules of the Supreme Court-Order 41
Alterations in affidavits (O. 41, r. 7)
[CAP. 4
A 155
7. (1) An affidavit which has in the jurat or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceeding without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.
(2) Where an affidavit is sworn at the Registry, the Seal of the Court may be substituted for the signature or initials required by this rule.
Affidavit not to be sworn before solicitor of party, etc. (O. 41, r. 8)
8. No affidavit shall be sufficient if sworn before the solicitor of the party on whose behalf the affidavit is to be used or before any agent, partner or clerk of that solicitor.
Filing of affidavits (O. 41, r. 9)
9. (4) Every affidavit used in a cause or matter proceeding in the Court must be filed in the Registry.
(5) Every affidavit must be indorsed with a note showing on whose behalf it is filed and the dates of swearing and filing, and an affidavit which is not so indorsed may not be filed or used without the leave of the Court.
Use of original affidavit or office copy (O. 41, r. 10)
10. (1) Subject to paragraph (2), an original affidavit may be used without the leave of the Court, notwithstanding that it has not been filed in accordance with rule 9.
(2) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used leave it with the judicial clerk in court or chambers, as the case may be, who shall send it to be filed.
(3) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.
Document to be used in conjunction with affidavit to be exhibited to it
(O. 41, r. 11)
11. (1) Any document to be used in conjunction with an affidavit must be exhibited, and not annexed, to the affidavit.
(2) Any exhibit to an affidavit must be identified by a certificate of the person before whom the affidavit is sworn.
The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and (3) shall apply accordingly.
[Subsidiary]
Page 155
Page 156
1988 Ed.] The Rules of the Supreme Court-Order 41
Alterations in affidavits (O. 41, r. 7)
[CAP. 4
A 155
7. (1) An affidavit which has in the jurat or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceeding without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.
(2) Where an affidavit is sworn at the Registry, the Seal of the Court may be substituted for the signature or initials required by this rule.
Affidavit not to be sworn before solicitor of party, etc. (O. 41, r. 8)
8. No affidavit shall be sufficient if sworn before the solicitor of the party on whose behalf the affidavit is to be used or before any agent, partner or clerk of that solicitor.
Filing of affidavits (O. 41, r. 9)
9. (4) Every affidavit used in a cause or matter proceeding in the Court must be filed in the Registry.
(5) Every affidavit must be indorsed with a note showing on whose behalf it is filed and the dates of swearing and filing, and an affidavit which is not so indorsed may not be filed or used without the leave of the Court.
Use of original affidavit or office copy (O. 41, r. 10)
10. (1) Subject to paragraph (2), an original affidavit may be used without the leave of the Court, notwithstanding that it has not been filed in accordance with rule 9.
(2) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used leave it with the judicial clerk in court or chambers, as the case may be, who shall send it to be filed.
(3) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.
Document to be used in conjunction with affidavit to be exhibited to it
(0.41, r. 11)
11. (1) Any document to be used in conjunction with an affidavit must be exhibited, and not annexed, to the affidavit.
(2) Any exhibit to an affidavit must be identified by a certifi- cate of the person before whom the affidavit is sworn.
The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and (3) shall apply accordingly.
[Subsidiary]
Page 155Page 156
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