QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.975DParticular affidavits and statutory declarations taken to be filed
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### sec.975D Particular affidavits and statutory declarations taken to be filed
Despite any other provision of these rules, a person is taken to have filed an exempt affidavit or exempt statutory declaration if—
the person electronically submits to the registrar the prescribed information for the affidavit or statutory declaration; and
the registrar acknowledges receipt of the required information.
The person must—
retain or cause to be retained, until 7 years from the date of filing, the original exempt affidavit or exempt statutory declaration; and
produce the original affidavit or statutory declaration if required to do so by the court.
For this rule, an affidavit is an exempt affidavit if the affidavit is approved, or is of a class of affidavits approved, by the principal registrar of the court for the proceeding to which the affidavit or class of affidavits relates.
For this rule, a statutory declaration is an exempt statutory declaration if the statutory declaration is approved, or is of a class of statutory declarations approved, by the principal registrar of the court for the proceeding to which the statutory declaration or class of statutory declarations relates.
In this rule—
prescribed information means—
for an affidavit or class of affidavits—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (3) , for the affidavit or class of affidavits; or
for a statutory declaration or class of statutory declarations—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (4) , for the statutory declaration or class of statutory declarations.
r 975D ins 2003 SL No. 87 s 3
amd 2011 SL No. 166 s 18
sub 2018 SL No. 127 s 70
amd 2022 SL No. 49 s 19
(sec.975D-ssec.1) Despite any other provision of these rules, a person is taken to have filed an exempt affidavit or exempt statutory declaration if— the person electronically submits to the registrar the prescribed information for the affidavit or statutory declaration; and the registrar acknowledges receipt of the required information.
(sec.975D-ssec.2) The person must— retain or cause to be retained, until 7 years from the date of filing, the original exempt affidavit or exempt statutory declaration; and produce the original affidavit or statutory declaration if required to do so by the court.
(sec.975D-ssec.3) For this rule, an affidavit is an exempt affidavit if the affidavit is approved, or is of a class of affidavits approved, by the principal registrar of the court for the proceeding to which the affidavit or class of affidavits relates.
(sec.975D-ssec.4) For this rule, a statutory declaration is an exempt statutory declaration if the statutory declaration is approved, or is of a class of statutory declarations approved, by the principal registrar of the court for the proceeding to which the statutory declaration or class of statutory declarations relates.
(sec.975D-ssec.5) In this rule— prescribed information means— for an affidavit or class of affidavits—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (3) , for the affidavit or class of affidavits; or for a statutory declaration or class of statutory declarations—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (4) , for the statutory declaration or class of statutory declarations.
- (a) the person electronically submits to the registrar the prescribed information for the affidavit or statutory declaration; and
- (b) the registrar acknowledges receipt of the required information.
- (a) retain or cause to be retained, until 7 years from the date of filing, the original exempt affidavit or exempt statutory declaration; and
- (b) produce the original affidavit or statutory declaration if required to do so by the court.
- (a) for an affidavit or class of affidavits—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (3) , for the affidavit or class of affidavits; or
- (b) for a statutory declaration or class of statutory declarations—information prescribed, for the purpose of this rule, under an approval mentioned in subrule (4) , for the statutory declaration or class of statutory declarations.