Div 6Affidavits.

Division 6.—Affidavits. Costs of unnecessary matter. Cf. No. 37 1924, s. 47. 51. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the affidavit. Form. 52.—(1.) Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. (2.) No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule, and no such costs shall be given except by leave of the Court. Deponent’s description. 53. Every affidavit shall state the description and true place of abode of the deponent, and also what facts or circumstances deposed to are within his knowledge. Several deponents. 54. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the “above-named” deponents. Scandalous matter. 55. The Court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out that matter to be paid as between solicitor and client. Erasures, etc. 56. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure shall, without leave of the Court, be read or made use of in any matter depending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer or person taking the affidavit, nor, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialed in the margin of the affidavit by the officer or person taking it. Blind or illiterate persons. 57.—(1.) Where an affidavit is sworn by any person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent appeared perfectly to understand it, and that the deponent made his signature in the presence of that person. (2.) No such affidavit shall be used in evidence in the absence of that certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. Formal defects. 58. The Court may receive any affidavit sworn for the purpose of being used in any 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. Filing office copies, &c. 59.—(1.) In cases in which an original affidavit is allowed to be used, it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered to and left in Court or in chambers with the proper officer, who shall file it. (2.) An office copy of an affidavit may in all cases be used, the original affidavit having been previously filed and the copy duly authenticated with the seal of the Court. Swearing of affidavit. 60.—(1.) No affidavit (other than a proof of debt) shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent of the solicitor, or before the party himself. (2.) Any affidavit which would be insufficient if sworn before the solicitor himself shall be insufficient if sworn before his clerk or partner. (3.) An affidavit may be sworn to either in print, typewriting, or manuscript, or partly in one form and partly in another. Time for filing. 61.—(1.) Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court. (2.) Except by leave of the Court, no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at or before the time of making the motion. Proof of affidavit. Cf. No. 37 1924 s. 47. 62. The Court shall take judicial notice of the seal or signature of any person authorized by or under the Act to take affidavits or to certify to the authority.