When are affidavits required to be served before use?

Affidavits are required to be served before use to ensure that all parties involved in a legal proceeding have sufficient notice of the evidence that will be presented. The choice indicating that they must be served within a reasonable time before use emphasizes the importance of fairness and procedural integrity in legal processes. This timeline allows the opposing party a fair opportunity to consider the content of the affidavit, potentially respond to its claims, or prepare their case accordingly.

Serving affidavits within a reasonable timeframe also aligns with the overarching principle of justice, which seeks to avoid surprises during hearings, maintaining transparency and equity in the legal process. It reflects an understanding that each party should be able to adequately prepare and respond, fostering a more orderly and just resolution of disputes.

Other options do not capture this broader contextual requirement adequately. For example, specifying a rigid timeframe such as 24 hours or one week could be too restrictive, as the nature of cases and the complexity of the issues might require more than just a short notice. The option regarding the requirement for filing fails to consider situations where affidavits may need to be served but not necessarily filed, which can sometimes occur based on procedural rules. Therefore, emphasizing a reasonable time frame encompasses the necessary flexibility while still ensuring fairness in the proceedings