Affidavit Meaning and its general features
Affidavit Meaning and its general features:
Affidavit Meaning and its general features:
An affidavit is a written disposition by a witness stating all that he knows about a particular matter. It is a written statement of fact deposed to by a witness in a matter and it is meant to either support a written application or an originating process. A witness is meant to testify all that he knows concerning a case but since the era of frontloading of documents. The witness is always at the toe of putting their testimonies in written format. One of these formats is known as an Affidavit.
The Deponent of an Affidavit shall also be expected to the seriousness of making an oath.
An affidavit is a written statement of fact filed in support of an application in the court, like a Motion on Notice and Motion Exparte, or in support of an originating process such as Originating Motion, Originating Summon, or Petition.
The witness that is deposed to the facts as contained in the Affidavit is meant to state facts concerning the transaction that involves the parties in the matter and not to cite the law or to argue. An affidavit is not also meant to contain a conclusion. When the information deposed in the Affidavit is not from personal knowledge, the deponent shall be required to give the particulars of the person that informed him of the information. Once the particulars of the informant are provided in the Affidavit, it abhors the principle of hearsay evidence. This in simple terms entails that an affidavit shall not be struck out only on the ground that it is made up of hearsay evidence as long as the deponent included the particular originator of the information.
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The particulars of the informant shall aid in easy verification of the information if the needs arise. The deponent is also meant to have his affidavit sworn before those authorized by law to accept the swearing of Affidavits.
For a party to protest against the content of an Affidavit, he shall be expected to file a counter affidavit. A counter affidavit is the type of affidavit filed by the respondent in a matter, countering or protesting against some or all facts contained in the Affidavit. The law is plain that if the Respondent fails to file a counter affidavit, it shall be deemed that she accepted the whole content of an Affidavit.
When two affidavits are in conflict in a given matter, the court shall invite the parties to give oral testimony to clarify the conflicts.
What is the name of the person that makes an Affidavit?
An Affidavit is usually made by a party known as the deponent. The deponent is the person who deposes the facts that he knows about the transactions that gave rise to the fact in issue. A deponent is also known as a witness that swears to an Affidavit. His work is to depose to the whole facts that he knows about the transaction or that he heard about the transaction, provided he will give the particulars of the informant in the latter.
The Deponent shall also provide his name, address, religion, and occupation in the affidavit and he shall also swear in the affidavit that he shall only say the truth. The Deponent shall be expected to make the Affidavit before the commissioner for oath or any other official authorized by the court to accept the Affidavit.
The deponent is also meant to pay a certain price for his affidavit.
Where is an Affidavit meant to be sworn?
A deponent is meant to be sworn before the court registrar or any other court official or body authorized by law to take an Affidavit. It is to swear by the Deponent in person and not by proxy and the court official taking the affidavit shall append his signature to the affidavit with his stamp and date.
The deponent must have paid for the stamp duty. If an affidavit is not duly sworn to or is sworn to at the wrong venue, it shall be tantamount to be struck out subject to the legislation regulating the admissibility of an Affidavit in a given area.
In what Court documents are you meant to file an Affidavit?
You are meant to file an affidavit in support of all written applications in the court like Motion on Notice and Motion Exparte. You are also meant to file it in support of some originating process like Originating Motion and Originating summon.
Note: it shall be imperative to state that an affidavit shall not be adopted in the court for it to be made evidence, once filed in the court in support of either an application or an originating proof, it shall grow to be marked as evidence and it can be used to determine the matter expect if the paragraphs were all struck by the court in agreement to the argument of the opposing counsel.
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