Filing of affidavits in originating summons or summons
24A.—(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 leave 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.