Civil Procedure - Affidavits

Question 1

Which rules deal with affidavits?

Answer 1

430-441

Question 2

What is to be included in the contents of an affidavit?

Answer 2

430(1)

Unless otherwise provided in the rules, should be confined to the evidence the signatory could give if giving evidence orally.

Statements based on information and belief. The source material itself must be admissible.

Question 3

What is the correct Form of an Affidavit?

Answer 3

431

1) in the approved form

2) name and details of the signatory

3) made in the first person

4) describe the signatory residential/ business address

5) consecutive paragraphs (each paragraph confined to a distinct portion of the subject where possible)

6) each page numbered

432 - Must be sworn or affirmed

Question 4

What if the witness believes the person singing the affidavit cannot read and write?

Answer 4

433

Must certify the affidavit was read to the person making the affidavit.

They understand the affidavit.

They signified they made the affidavit.

Question 5

Can you file an affidavit that has alterations?

Answer 5

434

Yes but have to initial each alteration.

Question 6

What are the sub-headings for rules regarding Affidavits?

Answer 6

431 - Form
432 - Swearing or affirming
433 - Certificate of reading or signature
434 - Alterations
435 - Exhibits
436 - Irregularity
437 - Filing
438 - Service
439 - Examination of person making A
440 - Scandal and oppression
441 - Affidavit taken before party