Order 31 FCT (Civil Procedure) Rules 2025

Order 31 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Affidavits. It contains the following rules:

1. Upon any motion, petition, summons or any other
   application, evidence may be given by affidavit, but the Court may, suo motu or on application, order the attendance for cross-examination of the deponent and where, the order has been made and the person in question does not attend, his affidavit shall not be used as evidence except by special leave.

2. Every affidavit shall bear the title in the cause or matter in
   which it is sworn but in every case in which there is more
   than one claimant or defendant, it shall be sufficient to state
   the full name of the first claimant or defendant respectively
   and that there are other claimants or defendants as the case
   may be.
3. The Court may receive any affidavit sworn for the purpose
   of being used in any cause or matter, notwithstanding any
   defect in description of parties or otherwise in the title or
   jurat, or any other irregularity in form, and may direct an
   endorsement to be made on the document that it has been
   so received.

4. Where time is limited for filing affidavits, no affidavit
   filed after the time shall be used, unless by leave of the
   Court.
5. Unless by leave of the Court, no order made ex-parte in
   Court founded on any affidavit shall be of any force unless
   the affidavit on which the application was based was made
   before the order was applied for, or filed at the time of
   making the application.
6. The party intending to use any affidavit in support of any
   application made by him shall give notice to the other
   parties.
7. Every alteration in any account verified by affidavit shall
   be marked with the initials of the commissioner before
   whom the affidavit is sworn and such alterations shall not
   be made by erasure.

8. Accounts, extracts from registers, particulars of creditors’
   debt, and other documents referred to by affidavit, shall
   not be annexed to the affidavit or referred to as annexed,
   but referred to as exhibits.
9. Every certificate on an exhibit referred to in an affidavit
   signed by the commissioner before whom the affidavit is
   sworn shall be marked with the short title of the cause or
   matter.

[/membership]