357Manner of application

357 Manner of application

(1)  An application under rule 356 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] Unless a judge otherwise directs, the hearsay rule does not apply to evidence in an affidavit made under subrule (1) 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.