sec.435Exhibits

### sec.435 Exhibits A document to be used with and mentioned in an affidavit is an exhibit. Another thing to be used with and mentioned in an affidavit may be an exhibit, if practicable. A group of different documents may form 1 exhibit. If it is impracticable to exhibit the document to be used with and mentioned in an affidavit, a copy of the document may be an exhibit to the affidavit. An exhibit to an affidavit must have— a letter, number or other identifying mark on it; and a certificate in the approved form on it or bound with it. The certificate— must be signed by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and must be signed by the witness for the affidavit in the same way the witness signed the affidavit. However, if an affidavit is made under rule 433 , only the witness for the affidavit must sign the certificate. An exhibit to an affidavit must be filed at the same time as the affidavit. Subrules (10) and (11) apply if an affidavit is filed in physical form and either— an exhibit to the affidavit is comprised of a group of documents; or there is more than one documentary exhibit to the affidavit. The documents are to be presented in a way that will facilitate the court’s efficient and expeditious reference to them. As far as practicable— the documents are to be bound in 1 or more paginated books; and a certificate is to be bound— if there is 1 book—at the front of the book; or if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and an index to each book is to be bound immediately after the certificate. If an affidavit is filed in electronic form with 1 or more exhibits, an index must be filed with the affidavit listing— the body of the affidavit; and the exhibits and related certificates; and the number of pages in each exhibit that is a document. If a document or other thing has been filed in a proceeding, whether or not as an exhibit to an affidavit, in a subsequent affidavit filed in the proceeding— the document or thing must not be made an exhibit to the affidavit; and the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified. r 435 amd 2000 SL No. 127 s 35 ; 2001 SL No. 281 s 11 ; 2022 SL No. 49 s 10 (sec.435-ssec.1) A document to be used with and mentioned in an affidavit is an exhibit. (sec.435-ssec.2) Another thing to be used with and mentioned in an affidavit may be an exhibit, if practicable. (sec.435-ssec.3) A group of different documents may form 1 exhibit. (sec.435-ssec.4) If it is impracticable to exhibit the document to be used with and mentioned in an affidavit, a copy of the document may be an exhibit to the affidavit. (sec.435-ssec.5) An exhibit to an affidavit must have— a letter, number or other identifying mark on it; and a certificate in the approved form on it or bound with it. (sec.435-ssec.6) The certificate— must be signed by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and must be signed by the witness for the affidavit in the same way the witness signed the affidavit. (sec.435-ssec.7) However, if an affidavit is made under rule 433 , only the witness for the affidavit must sign the certificate. (sec.435-ssec.8) An exhibit to an affidavit must be filed at the same time as the affidavit. (sec.435-ssec.9) Subrules (10) and (11) apply if an affidavit is filed in physical form and either— an exhibit to the affidavit is comprised of a group of documents; or there is more than one documentary exhibit to the affidavit. (sec.435-ssec.10) The documents are to be presented in a way that will facilitate the court’s efficient and expeditious reference to them. (sec.435-ssec.11) As far as practicable— the documents are to be bound in 1 or more paginated books; and a certificate is to be bound— if there is 1 book—at the front of the book; or if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and an index to each book is to be bound immediately after the certificate. (sec.435-ssec.12) If an affidavit is filed in electronic form with 1 or more exhibits, an index must be filed with the affidavit listing— the body of the affidavit; and the exhibits and related certificates; and the number of pages in each exhibit that is a document. (sec.435-ssec.13) If a document or other thing has been filed in a proceeding, whether or not as an exhibit to an affidavit, in a subsequent affidavit filed in the proceeding— the document or thing must not be made an exhibit to the affidavit; and the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified. - (a) a letter, number or other identifying mark on it; and - (b) a certificate in the approved form on it or bound with it. - (a) must be signed by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and - (b) must be signed by the witness for the affidavit in the same way the witness signed the affidavit. - (a) an exhibit to the affidavit is comprised of a group of documents; or - (b) there is more than one documentary exhibit to the affidavit. - (a) the documents are to be bound in 1 or more paginated books; and - (b) a certificate is to be bound— (i) if there is 1 book—at the front of the book; or (ii) if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and - (i) if there is 1 book—at the front of the book; or - (ii) if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and - (c) an index to each book is to be bound immediately after the certificate. - (i) if there is 1 book—at the front of the book; or - (ii) if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and - (a) the body of the affidavit; and - (b) the exhibits and related certificates; and - (c) the number of pages in each exhibit that is a document. - (a) the document or thing must not be made an exhibit to the affidavit; and - (b) the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified.