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  • Affidavit length

    12 page narrative and 10 pages of evidence is written as a must in the notice to profession.

    The file clerks will reject affidavits that breach 22 pages but accept affidavits that have fewer than 22 pages.

    How often do judges throw out an affidavit if accepted by the file clerks but breach the individual number of evidence pages allowed?

  • #2
    Originally posted by noteasy View Post
    12 page narrative and 10 pages of evidence is written as a must in the notice to profession.

    The file clerks will reject affidavits that breach 22 pages but accept affidavits that have fewer than 22 pages.

    How often do judges throw out an affidavit if accepted by the file clerks but breach the individual number of evidence pages allowed?
    Are you certain the notice to profession dictate 'a must'? . I am aware that one may not exceed the page limit , have less pages is not a rule breach.




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    • #3
      I was all upset you simply said "are you sure" but went ahead and checked.
      Yes the wording is different than I remembered:
      1. For short or regular motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed 12 pages of narrative. If a party also intends to rely on an affidavit that has been previously filed with the Court, the length of that affidavit is included in the 12-page limit. This limit does not include third party and reply affidavits, where required, which shall not exceed 5 pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
      2. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence and are generally expected not to exceed 10 pages. Litigants shall not include voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be attached as exhibits."
      Warning: I thought I was right because one of the file counter person stated "I would refuse your affidavit because it is more than 10 pages of evidence"
      Then another counted and said it was OK because the evidence didn't breach the 10 pages by much.

      Now that I read it again I could include up to 12 pages of narrative PLUS more that 10 pages of evidence as long as the evidence was relevant.

      Always double and triple check the rules is the lesson.

      thank you 416 and if I still have it wrong will someone post?
      Last edited by noteasy; 05-14-2023, 09:13 AM.

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