New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 3.5

3.5 Filing of affidavits

(1) This rule applies to an affidavit that is filed in the court by means of the ECM system.

(2) In the case of an affidavit filed by a legal practitioner, the legal practitioner is taken:

(a) to have affirmed to the court that he or she has possession of the original affidavit, and

(b) to have undertaken to the court that, if the court so directs, he or she will file the original affidavit in accordance with the court’s directions.

(3) In the case of an affidavit filed otherwise than by a legal practitioner, the original affidavit must be filed in the court:

(a) if a practice note so requires or the court so directs, and

(b) if so required or directed, within the time limited by the relevant practice note or direction.

(4) Any document referred to in an affidavit that cannot be filed by means of the ECM system is taken to be an exhibit, and not an annexure, regardless of the terms of the affidavit.