AFFIDAVITS & ITS LEGAL IMPLICATIONS!!!

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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