### 357 Manner of application > > (1) An application under [rule 356](#GS356@EN) is to be supported by an affidavit – > > > > > > (a) verifying the facts on which the claim to which the application relates is based; and > > > > > > > (b) stating that, in the deponent's belief – > > > > > > > > > > (i) there is no defence to that claim; or > > > > > > > > > > > (ii) there is no defence other than as to the amount of any damages claimed. > > > (2) [*\[Rule 357 Subrule (2) substituted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS15@EN) Unless a judge otherwise directs, the hearsay rule does not apply to evidence in an affidavit made under [subrule (1)](#GS357@Gs1@EN) if the party who adduces the evidence also adduces evidence of its source. > > > (3) The application and a copy of the affidavit are to be served on the defendant not less than 4 clear days before the return day of the application.

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