An affidavit is an official written statement setting out
the facts of a case and it is considered as the proof of a case. It is the main
method to present the facts of the case to a court. It must be promised, or
declare, usually before a Justice of the Peace, Commissioner of Oaths or
solicitor, as a true record. Affidavits may also be a promise by a third person in support of a case. The
court has a model form to use and there is limited opportunity to give a
personal account of your evidence in court. More evidence is provided by
affidavit. This allows a case to run more quickly and efficiently as all
parties know what evidence is before the Court.
Why are affidavits
important? :-
The facts which you depend on your case can be introduced by
affidavits, i.e the evidence of the case. Oral evidence is only allowed with
the Judge's authorization so you need to produce your affidavits carefully.
When do you file an
affidavit? :-
With an interim application, it is needed to file an
affidavit with the court or otherwise when directed by the court. The court has
affidavit kits for applicants and respondents which include a blank affidavit
form.
We need to file an affidavit with your application or response
in the Federal Magistrates Court for both
interim and final orders, and when directed by the Court. The FederalMagistrates Court has a blank affidavit form which it can be used by applicants
and respondents.
We should use the form that is applicable to the Court handling
your matter.
What can you say in an
affidavit? :-
The statement of facts is called the affidavit. So the
statement should make observations without colour or comments. Generally the
affidavit should not set out the judgement of the person making the affidavit.
The length of affidavits depends on the complexity of the case. The affidavit
need not to be lengthy, but can’t leave out any relevant information as you may
not get a chance to add it in later.
Can you prepare your
own affidavit? :-
It is possible to prepare an affidavit by a person him/her
self if he required. But it is not easy. The following steps should consider
for preparing affidavits:-
1. Insert a case caption and title your statement.
2. Write the state and county, and identify the affiant.
3. Include relevant personal information.
4. Write a statement of truth and spell out the oath.
5. State the facts in a numbered list.
6. Create a signature block for the affiant and another for
a court clerk or notary.
Take a legal expertise is the more convenient way to preparea proper affidavit.
What does an
affidavit look like? :-
The affidavit should be printed or typed only one side of
the paper. The content should be divided as numbered paragraph. The content is
divided into different sections under the headlines is more perfect method to
write an affidavit.
What should not be
included in an affidavit? :-
Affidavits prepared based on facts, does not depends on the
person’s belief or views. The exception is where the person is giving evidence
as an expert; for example, a psychologist or licensed valuer. Where you should
avoid referring to facts that are based on information received from others.
There are, however, a number of exceptions to the hearsay rule. If you need to rely on hearsay evidence in
your affidavit, get legal advice to see whether it would be allowed in court.
You should not refer to anything said or documents produced in connection with
an attempt to negotiate a settlement of your dispute, as these are not admissible
as evidence in Court.
How can attach
documents to an affidavit? :-
Regularly an affidavit refers to other documents and it is
helpful to attach a document to the affidavit. The document is then known as an
Annexure. Give number to each page of the document and if more than one
document is attached refer to each by numbers. Each Annexure must have a
statement signed by the authorised person recognize the Annexure as the
document referred to in the affidavit.
The person who is preparing the affidavit needs to sign the
bottom of each page of the affidavit in the presence of an authorised person
such as a lawyer or Justice of the Peace.
On the last page of the affidavit the following details must
be set out:-
- The full name of the person making the affidavit, and their signature
- The day and place the person signs the affidavit
- The full name and occupation of the authorised person, and their signature.
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