38.1 Time for swearing
An affidavit for use in any proceedings may be sworn before or after the commencement of the proceedings.
(1) An affidavit must be made in the first person.
(3) Where it appears to the person before whom an affidavit is sworn that the deponent is illiterate or blind, the person must certify in or below the jurat that:
(b) the deponent seemed to understand the affidavit.
(2) subclause (1) applies to an account verified by affidavit as if the account were part of the affidavit.
(2) Where annexure is inconvenient, the document may be made an exhibit to the affidavit.
(3) An exhibit to an affidavit must be identified by a certificate entitled in the same manner as the affidavit and made by the person before whom the affidavit is sworn.
(2) An affidavit which has been served must, before it is filed or handed up, bear a note by the person who served the same, indicating the time, place and manner of service, unless the tribunal otherwise directs.
(a) the matter be struck out, or
(b) the affidavit be taken off the file.
(2) A requirement under subclause (1) must be made to the party serving or proposing to use the affidavit.
(3) Where the attendance of a person is required under subclause (1), the affidavit may not be used unless the person attends or is dead or the tribunal grants leave to use it.
(4) Where a person making an affidavit is cross-examined, the party using the affidavit may re-examine the person.