Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p53
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 53/154)
Character Range: 342446–345066

by person who has disability
 (1) If the deponent is illiterate, the person before whom the affidavit is sworn must certify in or below the jurat that the affidavit was read to the deponent, in the person's presence.
 (2) If the deponent is blind, the person before whom the affidavit is sworn must certify in or below the jurat that the affidavit was read in the person's presence to the deponent.
 (3) However, subrule (2) does not apply if the deponent:
 (a) has read the affidavit by means of a computer with a screen reader, text‑to‑speech software or a Braille display; and
 (b) includes in the affidavit a statement that the deponent:
 (i) is blind; and
 (ii) has read the affidavit; and
 (iii) specifies the means by which it was read.
 (4) If the deponent is, because of a physical disability, incapable of signing the affidavit, the person before whom the affidavit is sworn must certify in or below the jurat that the deponent signified that the deponent swore the affidavit.
 (5) If an affidavit is made by:
 (a) an illiterate deponent and does not include a certificate in accordance with subrule (1); or
 (b) a blind deponent and does not include:
 (i) a certificate in accordance with subrule (2); or
 (ii) a statement in accordance with subrule (3);
the affidavit may be used only if the party seeking to use the affidavit satisfies the Court that the affidavit was read to the deponent.

29.05  Service of exhibits and annexures
  Copies of any documents exhibited or annexed to an affidavit must be served with the affidavit.

29.06  Irregularity in form
  An affidavit may be accepted for filing despite an irregularity in form.

29.07  Use of affidavit not filed or in irregular form
  A party must apply for the leave of the Court to use an affidavit that has not been filed, or that has been filed but is irregular in form.

29.08  Serving of affidavits
  A party intending to use an affidavit must serve it on each other interested party at least 3 days before the occasion for using it arises.

29.09  Cross‑examination of deponent
 (1) A party may give notice requiring a person making an affidavit to attend for cross‑examination.
 (2) The notice under subrule (1) must be given to the party filing the affidavit or proposing to use it.
 (3) If a person required to attend under subrule (1) fails to do so, the person's affidavit may not be used.
Note: The Court may dispense with compliance with the Rules—see rule 1.34.
 (4) If a person making an affidavit is cross‑examined, the party using the affidavit may re‑examine the person.
Rule 29.10 left blank

Division 29.2—Evidence on commission