Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 209

    (1)     Subject to this section, an affidavit under section 162 of a party to proceedings containing answers to interrogatories, or an affidavit of discovery under section 164 (2) of a party to proceedings may be made by—

        (a)     the party; or

        (b)     if the party is a person under disability—his or her next friend or guardian ad litem ; or

        (c)     if the party is a body corporate—a member or officer of the body corporate; or

        (d)     if the party is a body of persons lawfully suing or being sued in the name of the body or in the name of any officer of the body or other person—a member or officer of the body; or

        (e)     if the party is the Territory or Commonwealth or an officer of the Territory or Commonwealth suing or being sued in his or her official capacity—an officer of the Territory or Commonwealth.

    (2)     Subject to subsection (3), if a party to proceedings answering interrogatories or giving discovery is a party referred to in subsection (1) (c), (d) or (e), the party shall choose a person to make the affidavit, being a person who is qualified to do so and who has knowledge of the relevant facts.

    (3)     If—

        (a)     a party to proceedings answering interrogatories or giving discovery is a party referred to in subsection (1) (c), (d) or (e); and

        (b)     the affidavit is to be filed and served under an order of the court;

the court may, in the order—

        (c)     specify the person to make the affidavit; or

        (d)     specify the persons from whom the party may choose a person to make the affidavit.