33Affidavit in support of application

33 Affidavit in support of application

(1)  An affidavit in support of an application under section 7 or 8 of the Evidence on Commisson Act 2001 is to –

(a) address the matters set out in section 7(3) of that Act; and

(b) exhibit any documents necessary to inform the Court of the questions at issue between the parties; and

(c) include any other material that the applicant or the Court considers appropriate.

(2)  An affidavit in support of an application under section 7(2)(c) of the Evidence on Commisson Act 2001 is to exhibit –

(a) a draft of the letter of request; and

(b) any other material that the applicant or the Court considers appropriate.

(3)  If the language of the place outside the State in relation to which an application under paragraph (c) of section 7(2) of the Evidence on Commisson Act 2001 is made is not English, an affidavit in support of the application is to exhibit –

(a) a translation of the letter of request referred to in that paragraph into the language of that place; and

(b) a certificate by the translator stating –

(i) his or her name, address and qualifications for making the translation; and

(ii) that the translation is accurate.

(4)  An affidavit in support of an application under section 8 of the Evidence on Commisson Act 2001 is to exhibit the complaint in the inferior court in respect of which the application is made.