InBrief

The Uniform Rules Committee�has approved amendments to the following forms: Form 40 - Affidavit; Form 41 - Affidavit of Service; Form 26A - Subpoena to Produce; Form 27A - Subpoena to give evidence and to produce; Form 29 - Order for Production. The amendments to Forms 40 and 41 will take effect from 30 April 2012. These forms have been published with an announcement explaining the reasons for the amendments on the UCPR home page.

Explanatory Note - Amendments to Form 40 and Form 41

These forms have been amended to include a certificate as required under cl 7 of the Oaths Act Regulation 2011. The footnotes to the certificate are enclosed in brackets to indicate that they are optional and do not need to be printed. The only difference in relation to the certificates and footnotes on Form 40 and Form 41 is that the 2nd footnote on Form 40 refers to JP Ruling 003, whereas Form 41 does not include this additional reference. JP Ruling 003, provides a comprehensive list of the forms of identification that the witness may use to confirm the identity of the deponent. Both forms refer to the Oaths Act Regulation.

These new forms will become effective on 30 April 2012. The other UCPR forms incorporating an affidavit will be amended in a similar fashion to Form 41, those amended forms will be published at a later date:

3A�� Statement of claim - filing party legally represented 3B�� Statement of claim - filing party acting in person or by authorised officer 7A�� Defence - filing party legally represented 7B�� Defence - filing party acting in person or by authorised officer 8���� Reply 9��� �Statement of cross-claim 11�� List of documents 22�� Statement of answers to interrogatories 36�� Notice of motion – default judgment on claim for possession of land 36A Notice of Motion - default judgment on claim for possession of land and liquidated claim 37���Notice of motion – default judgment for detention of goods 38���Notice of motion – default judgment for liquidated claim 39���Notice of motion – default judgment for unliquidated damages 46���Notice of motion to pay by instalments – individual 47���Notice of motion to pay by instalments - corporation 53���Notice of motion – examination order 57���Notice of motion – arrest warrant for examination 59���Notice of motion – writ for possession of land 61���Notice of motion - writ for restitution 63���Notice of motion- writ for the delivery of goods 65���Notice of motion- writ for the levy of property 69���Notice of motion – garnishee order 73���Notice of motion – charging order

Explanatory Note - Amendments to Forms 26A, 27A and 29

Form 26A and Form 27A have been amended in relation to the part of the form that deals with proposed access orders. The existing wording reflected District Court Practice Note (Civil) No 8. In December 2011 the Supreme Court published Practice Note SC GEN - 19, which requires proposed access orders; the default access order in the Supreme Court Practice Note is different to the default access order in the District Court Practice Note. The amended wording makes it clear that the default access order that will be made is the one that is appropriate for the jurisdiction that the subpoena is being issued in.

Forms 26A and Form 27A have also been amended by removing a reference to "clear days" in the instructional note appearing after the 2nd paragraph in the Notice to the Subpoena Recipient. The relevant rule (rule 33.3(8)) does not refer to clear days, and it is not appropriate to construe the rule as requiring clear days:

Form 29, Order for Production, has been amended to remove an instructional footnote in the Notice to Producing Party that the last date for service of the order had to be 5 clear days before the return date of the order. This requirement is not supported by the rules which do not specify a time by which an order for production has to be served.

22 March 2012