Filing of Exhibits and Annexures to Affidavits
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Feb 26, 2008 06:49 PM
Notices to practitioners issued by the Vic District Registrar: Filing of Exhibits and Annexures to Affidavits
Filing of Exhibits and Annexures to Affidavits
- The filing and serving of affidavits and exhibits or annexures to affidavits are dealt with in Order 14 of the Federal Court Rules, and Practice Note No 5 issued on 8 April 1994. This notice clarifies certain matters not explicitly covered in those provisions.
- Order 14, subrule 4(1) provides that any original document to be used in conjunction with an affidavit shall be exhibited and not annexed to the affidavit.
- For convenience, and consistency a copy document (to be used in conjunction with an affidavit) should also be exhibited and not annexed to the affidavit.
- Unless the Court or a Judge otherwise orders, exhibits should not be filed in the Registry. However photocopies of documentary exhibits should be provided to the Judge hearing the matter prior to the hearing. For interlocutory applications the copy documents should be submitted with the affidavit. For a final hearing they should be included in a Court Book. Reference should be made to the Notice covering the provision of a Court Book.
- Order 14, subrule 4(3) provides that copies of all documents exhibited or annexed to an affidavit shall be served with the affidavit.
- Litigants who appear in person should seek the assistance of an officer in the Registry in relation to matters raised in this notice.

