Friday, 8 November 2013

List of documents
11 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 11 (version 3)
UCPR 21.3 and 21.4
LIST OF DOCUMENTS
COURT DETAILS


Court
     
#Division
     
#List
     
Registry
     
Case number
     
TITLE OF PROCEEDINGS
[First] plaintiff
[name]
#Second plaintiff #Number of plaintiffs (if more than two)
     
[First] defendant
[name]
#Second defendant #Number of defendants (if more than two)
     
PREPARATION DETAILS
Prepared for
[name] [role of party eg plaintiff]
#Legal representative
[solicitor on record] [firm]
#Legal representative reference
[reference number]
Contact name and telephone
Contact email
[name] [telephone]
[email address]
ORDER FOR DISCOVERY
Made on [date]
#SOLICITOR’S CERTIFICATE
I certify that:
  1. #I have advised the [role of party] as to the obligations arising under an order for discovery.
#I have advised the following [#officers #employees #officers and employees] of [name of party], the [role of party], as to the obligations arising under an order for discovery:
(a) [list the officers and/or employees].
  1. I am not aware of any documents within any of the classes specified in the order (other than excluded documents) that are, or that within the last 6 months before the commencement of the proceedings have been, in the possession of the party ordered to produce the list of documents (other than those referred to in Part 1 or 2 of the list of documents).
Signature
Capacity [eg solicitor on record, contact solicitor]
Date of signature      
#SIGNATURE OF OR ON BEHALF OF PARTY IF NOT LEGALLY REPRESENTED
Signature
Capacity [eg authorised officer, role of party]
Date of signature      
[on separate page]
AFFIDAVIT
Name
     
Address
     
Occupation
     
Date
     
I [#say on oath/#affirm]:
  1. #I am the [role of party].
#I am [give details of the capacity of the person making the affidavit and the facts that qualify the person to make the affidavit].
  1. I have made reasonable enquiries as to the existence and location of the documents referred to in the order.
  2. I believe that there are no documents (other than excluded documents) falling within any of the classes specified in the order that are, or that within the last 6 months before the commencement of the proceedings have been, in [#my possession (if deponent is the party) #the possession of the party ordered to produce the list of documents], other than the documents referred to in Part 1 or 2 of the list of documents.
  3. I believe that the documents in Part 1 of the list are in [#my possession (if deponent is the party) #the possession of the party ordered to produce the list of documents].
  4. #I believe that the documents in Part 2 of the list are within the possession of the persons respectively specified in that part.
  5. #As to documents in Part 2 of the list in respect of which no person is specified, I do not know who possesses these documents.
  6. As to the documents in the list that are claimed to be privileged documents, the facts relied on as establishing the existence of the privilege are as follows:
[state facts].

#SWORN #AFFIRMED at
     
Signature of deponent

Name of witness
     
Address of witness
     
Capacity of witness
[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.*
2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:

     

Identification document relied on (may be original or certified copy)
Signature of witness

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.




____________________________
[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]
[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B
[on separate page]
PART 1

Documents in possession of [role of party]
Item
no.
Nature of document/s
Number of documents in group (if applicable)
Date/period
     
     
     
Documents where privilege is claimed
Item
no.
Nature of
document/s
Number of
documents in
group (if applicable)
Date/period
Circumstances under which privilege is claimed
     
     
     
     

PART 2

Documents in possession of other persons
Item
no.
Nature of document/s
Number of documents in group (if applicable)
Date/period
Name of the person who the deponent believes has possession
     
     
     
     


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