Skip to content
In forceAmended2001 Revised Edition

24A. Filing of affidavits in originating summons or summons

Feedback & support
Amended

Last amended by an amending law of 2025. 2 amendments in all.

(1)

Unless the Court otherwise directs, a plaintiff or an applicant who intends to adduce evidence in support of an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must do so by affidavit.

(2)

The plaintiff or applicant must —

(a)

file the affidavit at the time of filing of the originating summons, variation application or summons; and

(b)

serve a copy of the originating summons, variation application or summons, together with the supporting affidavit, on every defendant or respondent.

(3)

A defendant or respondent who is served with, and intends to adduce evidence in relation to, an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must file an affidavit-in-reply, and serve a copy of the affidavit-in-reply on the plaintiff or applicant, not later than —

(a)

in the case of any such originating summons or variation application, 21 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2); or

(b)

in the case of any such summons, 14 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2).

(4)

Where the defendant or respondent has served a copy of an affidavit-in-reply in respect of an originating summons or a variation application mentioned in paragraph (3), the plaintiff or applicant may not file a further affidavit without the permission of the Court.

(5)

Unless the Court otherwise directs, where the defendant or respondent has served a copy of an affidavit-in-reply in respect of a summons mentioned in paragraph (3), the plaintiff or applicant may file a further affidavit, and serve a copy of the further affidavit on the defendant or respondent, within 14 days after being served with the affidavit-in-reply.

(6)

This rule does not apply to any affidavit of evidence-in-chief or reply affidavit filed in respect of an originating summons in respect of proceedings for divorce or nullity of marriage under rule 24B.

Subregulation 1

Unless the Court otherwise directs, a plaintiff or an applicant who intends to adduce evidence in support of an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must do so by affidavit.

Subregulation 2

The plaintiff or applicant must —

(a)

file the affidavit at the time of filing of the originating summons, variation application or summons; and

(b)

serve a copy of the originating summons, variation application or summons, together with the supporting affidavit, on every defendant or respondent.

Subregulation 3

A defendant or respondent who is served with, and intends to adduce evidence in relation to, an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must file an affidavit-in-reply, and serve a copy of the affidavit-in-reply on the plaintiff or applicant, not later than —

(a)

in the case of any such originating summons or variation application, 21 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2); or

(b)

in the case of any such summons, 14 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2).

Subregulation 4

Where the defendant or respondent has served a copy of an affidavit-in-reply in respect of an originating summons or a variation application mentioned in paragraph (3), the plaintiff or applicant may not file a further affidavit without the permission of the Court.

Subregulation 5

Unless the Court otherwise directs, where the defendant or respondent has served a copy of an affidavit-in-reply in respect of a summons mentioned in paragraph (3), the plaintiff or applicant may file a further affidavit, and serve a copy of the further affidavit on the defendant or respondent, within 14 days after being served with the affidavit-in-reply.

Subregulation 6

This rule does not apply to any affidavit of evidence-in-chief or reply affidavit filed in respect of an originating summons in respect of proceedings for divorce or nullity of marriage under rule 24B.

Report