AFFIDAVIT Flashcards

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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

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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.

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3
Q

CONTENTS OF FOUNDING AND SUPPORTING AFFIDAVIT:

A
  1. Locus Standi
  2. Legal Capacity
  3. Jurisdiction
  4. Urgency
  5. Grounds of relief
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4
Q

PREPARATION FOR TRIAL STEPS:

A
  1. Setting the matter down for trial
  2. The discovery stage
  3. Technical and medical examinations
  4. Obtaining further particulars for the trial
  5. Necessary subpoenas issued
  6. Arranging for special evidence
  7. Arranging and attending a pre-trial conference
  8. Final preparation for trial
  9. Certificate that the matter is trial-ready by the managing judge.
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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.

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