AFFIDAVIT Flashcards
1
Q
WHAT IS AN AFFIDAVIT?
A
is a statement made under oath or affirmation, which is signed and affirmed by the person making the statement before the commissioner of oaths
2
Q
MORE INFORMATION:
A
-the oath or affirmation is administered because the information contained in the affidavit constitutes evidence
-should be drafted in the first person and should not be burdened with legalese
-once deposed, it cannot be amended by the rules of the court.
3
Q
CONTENTS OF FOUNDING AND SUPPORTING AFFIDAVIT:
A
- Locus Standi
- Legal Capacity
- Jurisdiction
- Urgency
- Grounds of relief
4
Q
PREPARATION FOR TRIAL STEPS:
A
- Setting the matter down for trial
- The discovery stage
- Technical and medical examinations
- Obtaining further particulars for the trial
- Necessary subpoenas issued
- Arranging for special evidence
- Arranging and attending a pre-trial conference
- Final preparation for trial
- Certificate that the matter is trial-ready by the managing judge.
5
Q
SUBPOENA DUCES TECUM
A
is a subpoena that contains direction to the witness that he must bring a stipulated deed, instrument, writing or thing with him.