(1) The plaintiff, and any party who files a notice
of intention to defend, must each file an affidavit—
(a) either—
(i)
describing any script of the deceased of which the person knows; or
(ii) if
the party does not know of any script of the deceased—stating the party does
not know of any script; and
(b) if the party making the affidavit does not
have possession or control of any known script—
(i) stating the name and
address of the person who has or is believed to have possession or control of
the script and the grounds for the belief; or
(ii) stating that the party
does not know who has possession or control of the script.
(2) The party must
ensure any script in the party’s possession or control is filed as an
exhibit to the affidavit.
(3) If the original script is not in the possession
or control of the party, a copy of the original script in the party’s
possession must be filed as an exhibit to the affidavit.
(4) The affidavit of
a party who files a notice of intention to defend and any script to be filed
with it as an exhibit must be filed within 8 days after the person files
notice of intention to defend.
(5) However, if no notice of intention to
defend is filed, and the court does not direct otherwise, the plaintiff’s
affidavit must be filed before a request for a trial date is filed.
