Affidavit

Affidavit

A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.

Exhibits to an Affidavit

Exhibits to affidavits are important documents. Generally, the Supreme Court Registry does not allow the filing of original exhibits when you file your affidavit. Exceptions to this might include, a case that is in a specific list such as the Commercial List or if the court has made a specific order relating to the filing of originals exhibits.

Principles

A document (for example a letter, bank statement or report) that is referred to in the affidavit as supporting a particular fact in the affidavit must produced to the authorised person and be available for production in court at the hearing.

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Sample of an affidavit;

Source: http://ciadrugs.homestead.com/

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Statutory declarations

A look at the role and significance of statutory declarations.

MUCH has been said about statutory declarations. A reader wants to know if a statutory declaration is the same as an affidavit. And in what way does sub judice and hearsay have relevance?

The starting point would be the offence created by reason of instruments that courts and public servants are bound to receive. Section 199 of the Penal Code reads:

“Whoever, in any declaration made or subscribed by him, which declaration any court, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.”

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The Oath or Affirmation

Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant does not become an affidavit unless the proper official administers the oath.

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