Article 11

Order 28 shall be amended by inserting, after rule 1, the following new rule:—

“Affidavit Evidence

1A

(1)

In any cause or matter begun by originating summons (not being an ex parte summons) the plantiff must, before the expiration of 14 days after the defendant has acknowledged service, or, if there are two or more defendants, at least one of them has acknowledged service, file with the office of the Court out of which the summons was issued the affidavit evidence on which he intends to rely.

(2)

In the case of an ex parte summons the applicant must file his affidavit evidence not less than 4 clear days before the day fixed for the hearing.

(3)

Copies of the affidavit evidence filed in Court under paragraph (1) must be served by the plaintiff on the defendant, or, if there are two or more defendants, on each defendant, before the expiration of 14 days after service has been acknowledged by that defendant.

(4)

Where a defendant who has acknowledged service wishes to adduce affidavit evidence he must within 28 days after service on him of copies of the plaintiff's affidavit evidence under paragraph (3) file his own affidavit evidence in the office of the Court out of which the summons is issued and serve copies thereof on the plaintiff and on any other defendant who is affected thereby.

(5)

A plaintiff on whom a copy of a defendant's affidavit evidence has been served under paragraph (4) may within 14 days of such service file in Court further affidavit evidence in reply and shall in that event serve copies thereof on that defendant.

(6)

No other affidavit shall be received in evidence without the leave of the Court.

(7)

Where an affidavit is required to be served by one party on another party it shall be served without prior charge.

(8)

The provisions of this rule apply subject to any direction by the Court to the contrary.

(9)

In this rule references to affidavits and copies of affidavits include references to exhibits to affidavits and copies of such exhibits.”.