LEGL-160 Lecture Notes - Lecture 7: Affidavit
2 Mar 2017
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We are now finished the pleadings stage of our law suit and are ready to move to the next phase (discovery) The rules of court require each side to share its evidence with the other side. We cannot hide anything (subject to our right to claim privilege) Each party must serve an affidavit of records which sets out: a list of documents they are producing, a list od documents over which they are claiming privilege, a list of documents they no longer possess originals of. Affidavit of records is normally sworn by the client. Choose who is the officer (mouth piece of the corporation, who speaks on behalf of the corporation) that is then the person who will be questioned under oath: questioning under oath. Rule 5. 17 : each party in the law suit can cross examine anybody who is adverse in interest. Each party may be cross examined by the opposing side before the trial on anything relevant.
