SCR o 43 - Affidavits Flashcards
43.01 Form of affidavit
An affidavit shall be made in the FIRST PERSON and SIGNED by the DEPONENT.
Unless the Court otherwise orders, it should state:
- the deponent’s place of residence and their occupation (or description); and
- that the DEPONENT IS A PARTY (or employed by a party, if such be the case).
An affidavit shall be divided into PARAGRAPHS NUMBERED consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.
The person before whom it is SWORN should SIGN the JURAT and EACH PAGE of the affidavit
43.03 Content of affidavit
An affidavit shall be CONFINED TO FACTS which the deponent is able to state of the deponent’s OWN KNOWLEDGE (except where otherwise provided by the Rules).
On an INTERLOCUTORY application an affidavit may contain a statement of fact based on INFORMATION AND BELIEF if the grounds are set out.
Alterations should be initialed by the person before whom affidavit is sworn before it is filed.
43.06 Annexures and exhibits
A document referred to in an affidavit shall NOT be annexed to the affidavit but may be referred to as an EXHIBIT. An exhibit shall be identified by a SEPARATE CERTIFICATE (Form 43A) annexed to it -
- bearing the SAME HEADING as the affidavit; and
- SIGNED by the person before whom the affidavit is SWORN.
43.09 Filing of affidavit
An affidavit may be filed with the Prothonotary or with the proper officer in court.
An UNFILED affidavit - or not served or filed in compliance with an order in respect of its service or filing - shall NOT be used by the party by or on whose behalf it was made.
