SECCION 6488 DEFENSAS RIBEREÑAS Descripción

Evidence on motions, etc.

317(1) Upon any motion or petition evidence may be given by affidavit, but the court may, on the application of either party, order the attendance for cross-examination of the person making such affidavit.

Cross-examination

(2) The costs of any cross-examination under subrule (1) shall be borne by the party applying for the cross-examination. R. 317. Amend. Gaz. Dec. 13, 2002.

Intituling affidavits

318(1) Every affidavit shall be:

(a) entitled in the cause or matter in which it is sworn, and (b) endorsed with the name of the deponent.

(2) Where there is more than one plaintiff or defendant in the proceeding, the style of cause on an affidavit shall state the full name of the first plaintiff or defendant respectively, and that there are other plaintiffs or defendants, as the case may be. (3) The assessment officer shall not allow the costs occasioned by any prolixity in any such style of cause, unless it appears to him or her that the inclusion of further names was necessary. R. 318. Gaz. Dec. 13, 2002. New.

Affidavits confined to facts, Statements of belief

319 Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may under special circumstances be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the same; and where affidavits upon information and belief are filed which do not adequately disclose the grounds of such information and belief the court may direct that the costs of such affidavits shall be borne by the solicitor filing the same. R. 319.

Officers for oaths

320 Affidavits sworn in Saskatchewan shall be sworn before a judge, local registrar, or deputy local registrar, notary public, justice of the peace, or commissioner empowered to administer oaths. R. 320.

Jurat; time and place of oath

321 Every person administering oaths shall express the time when, and the place where he shall take any affidavit, otherwise the same shall not be held authentic nor be admitted to be filed without the leave of the court. R. 321.

Form of affidavits

322 Every affidavit shall state the full name, and the true place of abode of the deponent and shall be signed by him. It shall be drawn in the first person and shall be divided into paragraphs which shall be numbered consecutively, and as nearly as may be, each paragraph shall be confined to a distinct portion of the subject. No costs shall be

Affidavits by several deponents

323 In every affidavit made by two or more deponents, the names of the several persons making the affidavit shall be inserted in the jurat; except that, if the affidavit of all the deponents is taken at one time by the same officer, it shall be sufficient to state that it was sworn by both (or all) of the “above named” deponents. R. 323.

Affidavits, etc., to be filed

324 Except with leave of the court or a judge every affidavit to be used in a cause, matter or proceeding shall be filed before being used. R. 324.

Affidavits to be filed before application is made, or before service of notice of motion

325 Affidavits upon which any application to the court is founded shall be filed before the application is made, if made ex parte, or before service of any notice of motion or petition, or other proceeding as the case may be. R. 325.

Affidavits to be filed with local registrar or chamber clerk

326 Affidavits to be used on a motion in chambers and the notice thereof shall be filed with the local registrar of the judicial centre in which the action is of record or with the chamber clerk where the motion is to be heard, before the hearing of the motion, and the local registrar shall transmit any material so filed to such chamber clerk and the chamber clerk shall, after the motion is disposed of, transmit all material to the proper local registrar. R. 326.

Scandalous matter

327 The court may order any matter which is scandalous to be struck out from any affidavit. R. 327. Dec. 13, 2002. New.

Alterations in affidavits

328 No affidavit having in the jurat or body thereof any interlineation, alteration or erasure, shall, without leave of the court, be read or made use of in any matter pending in court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are rewritten and signed or initialled in the margin of the affidavit by the officer taking it. R. 328.

Affidavits by illiterate or blind persons

329(1) Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that deponent made his signature or mark in the presence of the officer.

Affidavits by persons not understanding English language

(2) Where an affidavit is sworn by any person, who appears to the officer taking the affidavit not to understand the English language, the contents of such affidavit before being sworn and the oath put shall be interpreted to the deponent by some person competent so to interpret and who before so interpreting shall by such officer be duly sworn to well and truly interpret such affidavit and oath, and such officer shall in the jurat certify that such affidavit was in his presence interpreted to the deponent by such sworn interpreter.

Use of affidavit without certificate

(3) No affidavit to which is required either of the above certificates shall be used in evidence in the absence of the certificate which is so required, unless the court is otherwise satisfied that the affidavit was read over or interpreted, as the case may be, to, and appeared to be perfectly understood by, the deponent. R. 329.

Use of defective affidavits

330 The court may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, any may direct a memorandum to be made on the document that it has been so received. R. 330.

Time limited for filing

331 Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used unless by leave of the court. On motions founded on affidavits either party may, by leave of the court, make affidavits in answer to the affidavits of the opposite party as to new matter arising out of such affidavits. R. 331.

All affidavits filed may be used in chambers

332 All affidavits which have been made and filed in any cause or matter may be referred to and used at any stage of the proceedings in any application in chambers. R. 332.

Exhibits need not be filed

333(1) Subject to Subrule (2) of this rule, any document referred to in an affidavit need not be annexed thereto but may be referred to and marked as an exhibit. When not annexed such exhibit need not be filed, but shall be left for the use of the court and shall be delivered upon determination of the motion to the party leaving the same, unless the court otherwise directs.

Where exhibit not attached

(2) Unless the court otherwise directs, where an affidavit in any proceeding refers to a document as an exhibit, an original or true copy of which document is already a part of the court file, such exhibit shall not be attached or annexed to the affidavit and following reference to the exhibit in the affidavit the following words shall appear: “an original or true copy of which was filed in court on the_____day of______, 20____.” R. 333, Gaz. Oct. 25/91. New.

Certificate on exhibit

334 Every certificate on an exhibit referred to in an affidavit and not annexed thereto signed by the commissioner or officer before whom the affidavit is sworn shall be marked with the short title of the cause or matter. R. 334.