In what instances are affidavits used according to Queensland procedure?

Affidavits are primarily utilized in Queensland procedure for applications or where leave has been granted. This means that affidavits serve as sworn written statements that can support various applications submitted to the court, such as interlocutory applications, motions, or other requests for relief. The use of affidavits allows parties to present their evidence in a concise manner without needing to call witnesses to testify in person for every matter.

In situations involving applications, the court often requires evidence to substantiate claims, and affidavits provide a method to effectively furnish that evidence. The need for leave signifies that the court has permitted the use of affidavits in specific circumstances, highlighting the importance of judicial discretion in determining when such evidence is appropriate.

Other options such as the use of affidavits only during trial, as routine evidence without request, or during jury selection do not accurately reflect how affidavits function within the Queensland legal framework. They are not typically employed at trial for presenting evidence and are not a procedural step in the jury selection process. Thus, the correct understanding of the function of affidavits aligns with their role in applications or where permitted by the court’s leave.