Division 4 — Affidavits
Evidence by affidavit
20.—(1)  In any proceedings, evidence may be given by affidavit unless it is otherwise provided by any provision of these Rules or the Court otherwise directs.
(2)  An affidavit may be sworn by any party to the proceedings, or by some other person possessing direct knowledge of the subject matter of the application.
(3)  The Court may, on its own motion or the application of any party, order the attendance for cross-examination of the person making an affidavit.
(4)  Where, after an order has been made under paragraph (3), the person making the affidavit does not attend, the affidavit must not be used in evidence without the leave of the Court.
Filing and service of affidavits
21.  Unless the provisions of Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations under which an application is made provide otherwise, or the Court otherwise allows, a party to an application who intends to rely on affidavit evidence at the hearing of the application must do both of the following at least 5 days before the date fixed for the hearing:
(a)file the party’s affidavit or affidavits (if more than one) in Court;
(b)serve a copy of the party’s affidavit or of each of the party’s affidavits (if more than one) on every other party to the application and any other person who may appear and be heard.
Affidavit filed out of time
22.—(1)  An affidavit filed out of time must not be used except with the leave of the Court.
(2)  Unless the Court otherwise directs, an order made ex parte upon evidence supported by affidavit is not effective unless the affidavit was made before the order was applied for and was produced or filed at the time of making the application.
Scandalous, irrelevant or oppressive matter
23.  The Court may order to be struck out from an affidavit any matter which is scandalous, irrelevant or otherwise oppressive, and may order the costs of any application to strike out such matter to be paid as between solicitor and client.