UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.23 Verification of certain pleadings

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.23

14.23 Verification of certain pleadings

(cf SCR Part 15, rule 23(1)-(7); DCR Part 10, rule 2(1)-(6))

(1) This rule applies to proceedings in the Supreme Court and the District Court.

(2) A party's pleading (including any amendment of the pleading) must be verified by affidavit.

Note : See rule 35.3 as to who may make such an affidavit.

(3) The affidavit verifying a pleading must state--

(a) as to any allegations of fact in the pleading, that the deponent believes that the allegations are true, and

(b) as to any allegations of fact that the pleading denies, that the deponent believes that the allegations are untrue, and

(c) as to any allegations of fact that the pleading does not admit, that after reasonable inquiry the deponent does not know whether or not the allegations are true.

(4) If the deponent is unable to make an affidavit that complies with subrule (3) in relation to all parts of a pleading, the affidavit may comply with so much of that subrule as can be complied with and state why the affidavit does not comply with the remainder of that subrule.

(5) Subject to any order of the court, an affidavit made in accordance with subrule (4) is taken to comply with subrule (3).

(6) Unless the court otherwise orders, the affidavit verifying a pleading must be subscribed to the pleading.