Affidavit Verifying List of Documents (Form 32)

Under rule 64 of the Magistrates Court (Civil Division) Rules 1998 (Tas), a party may ask another party by written notice for discovery of documents relating to the matters in issue. If the request is not complied with within 14 days after service of the notice, the Court may order that party to make discovery by affidavit (r 64(2)). Form 32 is the affidavit that verifies the party's list of documents (Form 31). The deponent swears that the statements in the list are true, and that the statements in its final paragraph are true to the best of their knowledge, information and belief.

When you need it

• The Court has ordered you to make discovery by affidavit under rule 64(2).
• You are verifying a list of documents on oath at the request of the other side or because an order requires it.
• You are the party giving discovery, or a person authorised to swear for a company or other body (r 58).

1. 1

   Heading

   Enter the court address, the action number and the parties as they appear on the claim.

2. 2

   Deponent

   Insert your full name. Rule 55 also requires your address and occupation, so add them after your name.

3. 3

   Identify the list

   The list of documents is produced and shown to you and marked with an identifying mark, for example your initials and a number. Write that mark in the space provided.

4. 4

   Check the paragraph references

   The affidavit refers to paragraphs 2 to 5 of the list. Number the paragraphs in your Form 31 so the references match.

5. 5

   Swear it

   Sign before a justice of the peace or other person authorised to take affidavits, who completes the place and date (rr 55, 62).

• Serve the affidavit and the list it verifies on the other party within the time set by the Court's order. Anything required by an order must be done within 7 days unless the order or rules say otherwise (r 76(3)).
• The form has a "Filed by" block. Follow any filing directions in the order.
• If further discoverable documents come into your possession after discovery, you must make further discovery as soon as practicable (r 64(3)).

• Do not swear the affidavit before your own lawyer or anyone in their practice (r 63).
• Check the list carefully before swearing. You are confirming on oath that there are no other relevant documents beyond those listed.
• Documents include copies, audio tapes, computer data, films and microfiche, not only paper (r 3).