Page:UKSRO 1890.pdf/169
Order XXXVII.
Affidavits.
1. All affidavits shall be expressed in the first person of the deponent, and drawn up in paragraphs and numbered.
2. All affidavits other than those for which forms are given in the schedule, shall state the deponent's occupation, quality, and place of residence, and that the deponent is at least sixteen years of age, and also what facts or circumstances deposed to are within deponent's own knowledge, and his means of knowledge, and what facts or circumstances deposed to are known to or believed by him by reason of information derived from other sources than his own knowledge, and what such sources are.
3. Every affidavit shall be intituled in the action, suit, or matter in which it is sworn, and it shall be stated in a note at foot thereof on whose behalf it is filed.
4. The costs of affidavits not in conformity with the last two preceding rules shall be disallowed on taxation, unless the Judge shall otherwise direct.
5. Before any affidavit is used it shall be filed in the office. of the Clerk of the Peace, but this rule shall not hinder the Judge from making an order in an urgent case upon the under- taking of the applicant to file any affidavit sworn before the making of such order, provided that such order be not issued until such affidavit shall have been filed.
6. An affidavit shall not be filed which has been sworn before a Commissioner who was at the time of the swearing of the same the solicitor acting for the party on whose behalf such affidavit is to be used, or the agent, correspondent, partner, or clerk of such solicitor, or who is the party himself.
7. Where an affidavit is sworn by any person who appears to the person taking the affidavit to be illiterate or blind, such last-mentioned person shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his mark or signature in the presence of such person. No such affidavit shall be used in evidence in the absence of this certificate unless the Judge is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.
8. Unless the Judge shall otherwise order, no affidavit shall be filed or used in which there is any erasure, or which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to cause it to be illegible, nor any affidavit in which there is any interlineation unless the person before whom the same is sworn shall have duly initialed such interlineation, nor any affidavit or other document which is so imperfect upon the face of it or by reason of having blanks therein that it cannot be easily and with certainty read or understood.