6711Affidavit—contents

6711 Affidavit—contents (1) An affidavit must be confined to facts within the knowledge of the person making the affidavit. (2) However, an affidavit to be used in an application in a proceeding may contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief. Note 2 The hearsay rule does not apply to evidence in an application in a proceeding if the party adducing the evidence also adduces evidence of its source (see Evidence Act, s 75 (Exception—interlocutory proceedings)). (3) This rule does not apply to an affidavit made under division 2.11.3 (Default by defendant). Note An affidavit in support of an application for default judgment must comply with r 1119 (Default judgments—relevant affidavits).

Rule 6712