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SUPPORTING EVIDENCE

Under the old rules, evidence supporting interim applications had to be in the form of an affidavit. This is a sworn statement of facts which can be relied on as evidence. Affidavits are a relatively expensive way of presenting evidence for an application, as they need to be sworn before a commissioner for oaths (this includes solicitors,26 barristers, and public notaries)27 who charge a fee for each person swearing an affidavit and a fee for each exhibit referred to in the affidavit. Also, a solicitor or barrister involved in a case cannot take an affidavit for a party who he is acting for, so the party must go to the trouble of finding another commissioner for oaths before whom he can swear the affidavit.