matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. 15. In cases in which by the present practice an original affidavit is allowed to be used, it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered to and left with the proper officer in court or in chambers, who shall send it to be filed. An office copy of an affidavit may in all cases be used, the original affidavit having been previously filed, and the copy duly authenticated with the seal of the office. 16. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent or correspondent of such solicitor, or before the party himself. 17. Any affidavit which would be insufficient if sworn before the solicitor himself shall be insufficient if sworn before his clerk, or partner. 18. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the court or a judge. 19. Except by leave of the court or a judge no order made ex parte in court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the motion. II. Affidavits and Evidence in Chambers. 20. The party intending to use any affidavit in support of any application made by him in chambers in the Chancery Division shall give notice to the other parties concerned of his intention in that behalf. 21. All affidavits which have been previously made and read in court upon any proceeding in a cause or matter may be used before the judge in chambers. 22. Every alteration in an account verified by affidavit to be left at chambers shall be marked with the initials of the commissioner or officer before whom the affidavit is sworn, and such alterations shall not be made by erasure. 23. Accounts, extracts from parish registers, particulars of creditors' debts, and other documents referred to by affidavit, shall not be annexed to the affidavit, or referred to in the affidavit as annexed, but shall be referred to as exhibits. 24. Every certificate on an exhibit referred to in an affidavit signed by the commissioner or officer before whom the affidavit is sworn shall be marked with the short title of the cause or matter. III. Trial on Affidavit. 25. Within fourteen days after a consent for taking evidence by affidavit as between the parties has been given, or within such time as the parties may agree upon, or the court or a judge may allow, the plaintiff shall file his affidavits and deliver to the defendant or his solicitor a list thereof. 26. The defendant, within fourteen days after delivery of such list, or within such time as the parties may agree upon, or the court or a judge may allow, shall file his affidavits and deliver to the plaintiff or his solicitor a list thereof. 27. Within seven days after the expiration of the last-mentioned fourteen days, or such other time as aforesaid, the plaintiff shall file his affidavits in reply, which affidavits shall be confined to matters strictly in reply, and shall deliver to the defendant or his solicitor a list thereof. 28. When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing, requiring the production of the deponent for cross-examination at the trial, such notice to be served at any time before the expiration of fourteen days next after the end of the time allowed for filing affidavits in reply, or within such time as in any case the court or a judge may specially appoint; and unless such deponent is produced accordingly, his affidavit shall not be used as evidence unless by the special leave of the court or a judge. The party producing such deponent for cross-examination shall not be entitled to demand the expenses thereof in the first instance from the party requiring such production. 29. The party to whom such notice as is mentioned in the last preceding Rule is given shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness to be examined. 30. When the evidence under this Order is taken by affidavit, such evidence shall be printed, and the notice of trial shall be given at the same time after the close of the evidence as in other cases is by these Rules provided after the close of the pleadings: provided that other affidavits may be printed if all the parties interested consent thereto, or the court or a judge so order; provided also that this Rule shall not apply in the Probate, Divorce and Admiralty Division to default actions in rem, or references in actions, or actions for limitation of liability, unless the court or a judge shall otherwise order. FORMS. No. 6.-INTERROGATORIES. 18 [here put the letter and number.] In the High Court of Justice. Division. Between A. B., plaintiff, C. D., E. F., and G. H., defendants. Interrogatories on behalf of the above-named [plaintiff, or defendant C. D.] for the examination of the above-named [defendants E. F. and G. H., or plaintiff]. 1. Did not, &c. 2. Has not, &c. [The defendant E. F. is required to answer the interrogatories numbered .] [The defendant G. H. is required to answer the interrogatories numbered .] No. 7.-ANSWER TO INTERROGATORIES. [Heading as in Form 6.] The answer of the above-named defendant E. F. to the interrogatories for his examination by the above-named plaintiff. In answer to the said interrogatories, I, the above-named E. F., make oath and say as follows: No. 8.-AFFIDAVIT AS TO DOCUMENTS. 18 [here put the letter and number.] In the High Court of Justice. I, the above-named defendant C. D., make oath and say as follows: 1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. That [here state upon what grounds the objection is made, and verify the facts as far as may be]. 4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto. 5. The last-mentioned documents were last in my possession or power on [state when]. 6. That [here state what has become of the last-mentioned documents, and in whose possession they now are]. 7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody, or power of my solicitors or agents, solicitor or agent, or in the possession, custody, or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedules hereto. No. 9.-NOTICE TO PRODUCE DOCUMENTS. [Heading as in Form 8.] Take notice, that the [ plaintiff or defendant] requires you to produce for his inspection the following documents referred to in your [statement of claim, or defence, or affidavit, dated the day of A.D. [Describe documents required.] To Z., Solicitor for J. X. Y., Solicitor to the No. 10.-NOTICE TO INSPECT DOCUMENTS. [Heading as in Form 8.] Take notice, that you can inspect the documents mentioned in your notice of the day of A.D. [except the deed numbered in that notice] at [insert place of inspection] on Thursday next the inst., between the hours of 12 and 4 o'clock. Or, that the [plaintiff or defendant] objects to giving you inspection of the documents mentioned in your notice of the day of on the ground that [state the A.D. ground]. No. 11.-NOTICE TO ADMIT DOCUMENTS. [Heading as in Form 8.] Take notice, that the plaintiff [or defendant] in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff], his solicitor or agent, at on between the hours of ; and the defendant [or plaintiff is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. (Signed) To E. F., solicitor [or agent] for defendant [or plaintiff]. G. H., solicitor [or agent] for plaintiff [or defendant]. |