Rule 32.15 Affidavit evidenceI1

England and Wales

(1)

Evidence must be given by affidavit^(GL) instead of or in addition to a witness statement if this is required by the court, a provision contained in any other rule, a practice direction or any other enactment.

(2)

Nothing in these Rules prevents a witness giving evidence by affidavit^(GL) at a hearing other than the trial if he chooses to do so in a case where paragraph (1) does not apply, but the party putting forward the affidavit^(GL) may not recover the additional cost of making it from any other party unless the court orders otherwise.

F1(Rule 32.12 makes provision about the use of affidavits for purposes other than the proceedings in which they are served.)

Annotations

Textual amendments

F1: Words in rule 32.15 inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 8(2)

Commencement

I1: Rule 32.15 in force at 26.4.1999, see Signature

Notes on Part 32

Modifications

C1: Pt. 32 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 75
C2: Pt. 32 applied (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 225(4) (with rule 5)
C3: Pt. 32 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 130(3) (with rules 3, 210)
C4: Pt. 32 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.1(3) (with rule 3(3), Sch. 2)
C5: Pt. 32 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.1(3) (with rule 1.2)
C6: Pt. 32 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.1(3) (with rule 1.2)
C7: Pt. 32 applied (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187(4)
C8: Pt. 32 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 130(3) (with rule 2)
C9: Pt. 32 applied (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 130(3) (with rule 2(1))