Affidavits
In application proceedings evidence is given mostly in the form of affidavits. In exceptional circumstances evidence will be given orally. The affidavits must provide all the evidence the court needs to make a just and reasonable finding in the matter.
The ordinary rule is that three sets of affidavits are allowed:
- Founding (aka supporting) affidavits
- Answering (aka opposing) affidavits
- Replying affidavits
The court may in its discretion permit the filing of further affidavits, but only if special circumstances warrant it or if the court considers such a course advisable.
For more go to Notes on application (motion) proceedings