(a) the party on whose behalf it is filed;

(b) the name of the deponent;

(c) the number of the affidavit in relation to the deponent; and

(d) the date when sworn.

4. (a) Clearly legible photographic copies of original documents may be exhibited instead of the originals, provided the originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.

(b) Any document which the court is being asked to construe or enforce, or the trusts of which it is being asked to vary, should be separately exhibited and should not be included in a bundle with other documents. Any such documents should bear the exhibit mark directly, and not on a flysheet attached to it.

(c) Court documents, such as probates, letters of administration, orders, affidavits or pleadings, should never be exhibited. Office copies of such documents prove themselves.

(d) Where a number of documents are contained in one exhibit, a front page must be attached, setting out a list of the documents, with dates, which the exhibit contains, and the bundle must be securely fastened. Any means of securing the bundle (except by staples) is acceptable, provided that it does not interfere with the perusal of the documents and it cannot readily be undone.

5. (a) Copies of individual letters should not be made separate exhibits, but they should be collected together and exhibited in a bundle or bundles. The letters must be arranged in correct sequence with the earliest at the top, and properly paged in accordance with para.6 below. They must be firmly secured together in the manner indicated in para.4(d) above.

(b) When original letters, or original letters and copies of replies, are exhibited as one bundle, the exhibit must have a front page attached, stating that the bundle consists of so many original letters and so many copies. As before, the letters and copies must be arranged in correct sequence and properly paged.

(a) The exhibit must be clearly marked with the exhibit mark in such a manner that there is no likelihood of the contents being separated.

(b) Where the exhibit itself consists of more than one item (e.g. a cassette in a plastic box), each and every separate part of the exhibit must similarly be separately marked with at least enough of the usual exhibit mark to ensure precise identification.

(i) The formal exhibit marking should, so far as practicable, be written on the article itself in an appropriate manner (e.g. many fabrics can be directly marked with an indelible pen), or, if this is not possible, on a separate slip which is securely attached to the article in such a manner that it is not easily removable. (N.B. Items attached by adhesive tape or similar means are readily removable). If the article is enclosed in a container, the number of exhibit should appear on the outside of the container unless it is transparent and the number is readily visible.

Alternatively, the formal exhibit marking may be written on the container, or, if this is not possible, on a separate slip securely attached to the container. If this is done, then either:

(a) the number of the exhibit and, if there is room, the short name and number of the case, the name of the deponent and the date of affidavit must be written on the exhibit itself and on each separate part thereof; or

(b) all these particulars must appear on a slip securely attached to the article itself and to each separate part thereto

(ii) If the article, or part of the article, is too small to be marked in accordance with the foregoing provisions, it must be enclosed in a sealed transparent container of such a nature that it could not be reconstituted once opened, and the relevant slip containing the exhibit mark must be inserted in such container so as to be plainly visible. An enlarged photograph or photographs showing the relevant characteristics of each such exhibit will usually be required to be separately exhibited.

(Andrew Li)
Chief Justice