Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p44
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 104672–107319

copy of the agreement for sale".
 (5) An exhibit to an affidavit must:
 (a) be marked with the title and number of the proceeding; and
 (b) be paginated; and
 (c) bear a statement signed by the person before whom the affidavit is made identifying it as the particular exhibit mentioned in the affidavit.
 (6) A document annexed or exhibited to an affidavit must be served with the affidavit.

15.16  Objectionable material may be struck out
 (1) The Court or a Registrar may order material to be struck out of an affidavit at any stage in a proceeding if the material:
 (a) is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or
 (b) contains opinions of persons not qualified to give them.
 (2) Unless the Court or a Registrar otherwise directs, any costs caused by the material struck out must be paid by the party who filed the affidavit.

15.17  Use of affidavit without cross‑examination of maker
  The Court may:
 (a) dispense with the attendance for cross‑examination of a person making an affidavit; or
 (b) direct that an affidavit be used without the person making the affidavit being cross‑examined on the affidavit.

Division 15.4—Admissions

15.18  Admission
  If an admission is made by a party, the Court may, on the application of another party, make an order to which the party applying is entitled on the admission.

15.19  Notice to admit facts or documents
 (1) A party to a proceeding (the first party) may, by notice in accordance with the approved form, ask another party to admit, for the proceeding, the facts or documents specified in the notice.
 (2) If the other party does not, within 14 days, serve a notice on the first party disputing the fact or the authenticity of the document, the other party is taken to admit, for the proceeding only, the fact or the authenticity of the document.
 (3) The other party may, with the Court's leave, withdraw an admission taken to have been made under subrule (2).
 (4) Unless the Court otherwise orders, if the other party serves a notice disputing a fact or the authenticity of a document and the fact or the authenticity of the document is later proved in the proceeding, the other party must pay the costs of the proof.

Part 16—Subpoenas and notices to produce

Division 16.1—General

16.01  Issue of subpoena
 (1) The Court or a Registrar may, on the Court's or the Registrar's own initiative or at the request of a party, issue:
 (a) a subpoena for production; or
 (b) a subpoena to give evidence; or
 (c) a subpoena for production and to give evidence.
 (2) A subpoena must be in accordance with the approved form.
 (3) A subpoena must specify