Practice Note
No. 5 issued on 7 May 1990 is revoked and the following
Practice Note No. 5 is substituted.
The filing and service of affidavits
does not make them part of the evidence before the Court.
The requirement by the Rules or by an order that affidavits
be filed and served is a condition precedent to their
becoming part of the evidence, subject to any order of
dispensation that may be made in relation to their service
or filing.
When counsel for the party who
has filed and served an affidavit reads it to the Court
as part of that party's case, or at the request of that
counsel the court treats it as having been so read, it
becomes, subject to any rulings on admissibility, part
of the evidence. The same considerations apply to annexures
or exhibits to an affidavit, which may be received in
evidence, either retaining their existing markings, or
being freshly marked, as the Court may order.
