Affidavits - O43

Question 1

What is an affdavit?

Answer 1

• Used in litigious matters – document which contains a person’s evidence. They are prepared as the evidence that is to be given in court proceedings by a specific witness.
• An affidavit is the witness’s evidence in chief which is contained in a written document. An affidavit must consist of facts that are to the deponent’s knowledge – r43.03

Question 1

Who is a deponent?

Answer 1

• Person who gives evidence by affidavit

Question 2

What is the purpose of affidavits?

Answer 2

• Expedite outcomes in civil hearings by providing the other parties, and the court, with advance notice of the evidence supporting the deponent’s case.
• Also save time in the actual conduct of civil hearings, in that they may often replace oral evidence in chief of a witness.

Question 3

A party can only rely on an affidavit

Answer 3

That is filed.

Question 4

What format should an affidavit comply with?

Answer 4

• Made in first person
• State’s deponent’s place of residence and occupation; and if they are a party, then that fact;
• Numbered consecutive paragraphs – confining subjects to each paragraph.
• Signed by deponent.
• Jurat should be signed and completed by person before whom it is sworn.
• Each page should be signed.

Question 5

What goes in an affidavit?

Answer 5

• Confined to facts which the deponent is able to state of the deponent’s own knowledge.
• On interlocutory application an affidavit may contain a statement of fact based on information and belief if the grounds are set out.

Question 6

Annexure vs exhibit

Answer 6

• Annexure = document which is physically attached to and filed with the affidavit, and stays with the affidavit permanently (usually labelled Annexure A)
• Exhibit = document which is separate from, but filed with, the affidavit, and must be accompanied by a certificate signed by the person before whom the affidavit was sworn or affirmed, and be identified with the initials of the deponent followed by a number (eg ABC-1).