108. Circumstances where affidavit required

Past version: effective from 30/05/2016 - 08/07/2020
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(1) Affidavits must be used as evidence where affirmed evidence is required by an order, or a rule, practice direction or other ADGM enactment.
(2) Affidavits must also be used in any application for a search order, a freezing injunction; an order requiring an occupier to permit another to enter his real property; or a declaration and/or order for a fine for contempt of Court.
(3) If a party believes that affirmed evidence is required by a Court in another jurisdiction for any purpose connected with the proceedings, he may apply to the Court for a direction that evidence shall be given only by affidavit on any pre-trial applications.
(4) The Court may give a direction under paragraph (1) that evidence shall be given by affidavit instead of or in addition to a witness statement or statement of case on its own initiative; or after any party has applied to the Court for such a direction.