Affidavit verifying list of documents (Rule 384(4)) (Form 27)

In the Supreme Court of Tasmania discovery usually starts by notice: once pleadings are closed, a party can require another to produce discoverable documents and serve a list (r 383(1)). The requesting party can also serve a notice requiring an affidavit verifying the list (r 383(8)), and the Court can order one (r 386(1)(b)). The affidavit must be in the prescribed form (r 384(4)), which is Form 27. It confirms that the statements in the list (Form 26) are true and that the statement that no other relevant documents exist was formed after a reasonable search, the standard rule 382 sets for discovery.

When you need it

• You have been served with a notice under rule 383(8) requiring an affidavit verifying your list of documents.
• The Court has ordered you to make and file an affidavit verifying a list (r 386(1)(b)).
• The party making the list is an individual (who swears it personally) or a corporation (whose secretary or other officer swears it).

1. 1

   Identify the deponent

   Give the deponent's name, address and description. In paragraph 1 state you are the party, or for a corporation the secretary or other officer authorised to make the affidavit.

2. 2

   Exhibit the list

   The list of documents is produced and shown to the deponent marked "A". Attach the list as that exhibit.

3. 3

   Paragraph 2: verify paragraphs 1-4 of the list

   An individual states they are true. A corporation's officer states they are true to the best of their knowledge, information and belief.

4. 4

   Paragraph 3: verify paragraph 5

   State that paragraph 5 of the list (that there are no other relevant documents) is true to the best of your knowledge, information and belief, formed after a reasonable search.

5. 5

   Swear it

   Swear or affirm the affidavit before an authorised witness and complete the jurat and footer.

• Within 14 days after service of a notice under rule 383(8), make and file the affidavit and serve a copy on the party who served the notice (r 383(10)).
• A notice requiring an affidavit can be served at any time before the certificate of readiness is filed or the action is ordered to be set down for trial, whichever happens first (r 383(9)).
• Lodge at the registry where the proceeding is running (r 83). Affidavits lodged by email need the cover sheet list of exhibits and certificate in rule 87G(2).
• In an action by or against the Sheriff about the execution of the office, the affidavit is made by the officer actually concerned (r 384(3)).

• Do not swear paragraph 3 until a reasonable search has actually been done. Rule 382(3) lists what can be taken into account in deciding what is reasonable.
• Discovery is a continuing obligation (r 382(1)). If further documents turn up, the list may need to be supplemented.
• Make sure the list exhibited is the final version served on the other side.