36Service of affidavits

36 Service of affidavits

(1)  An affidavit, other than an affidavit in reply, is not to be used on the hearing of an application unless –

(a) it has been filed; and

(b) a copy of it has been served at least 2 clear days before the time appointed for the hearing of the application.

(2)  Subrule (1)(b) does not apply –

(a) to an application which is made ex parte; or

(b) if, in the opinion of the Court, the application is so urgent that subrule (1)(b) is not to be enforced.

(3)  An affidavit in reply is not to be used on the hearing of an application unless –

(a) it has been filed; and

(b) a copy of it has been served on each party to the proceeding as soon as practicable.

(4)  If subrule (1) or (3) is not complied with, the Court may –

(a) permit the affidavit to be used, despite the non-compliance, on any terms the Court thinks proper; or

(b) adjourn the application on any terms the Court thinks proper and allow the affidavit to be used on the adjourned hearing of the application.