Topic 5: Drafting

Question 1

Topic 5: Drafting

Answer 1

Topic 5: Drafting

Question 2

Closing of proceedings

Answer 2

Pleadings close when a reply is filed or when the time period for reply is expired.

Question 3

Affidavits

Answer 3

Applications come with supporting affidavits (evidence)

Must be filed in court physically to registry and stamp it. Just because it’s filed, doesnt mean its in evidence. You have to read it into evidence.

It can be read into evidence on the day of the hearing if not done prior. But if not filed, you must seek leave of the court.

Content is the client’s evidence in their own words.

Question 4

Swearing & Affirming

Answer 4

Swearing is hand on bible.

Must sign every page of the affidavit.

Question 5

Alterations & exhibit

Answer 5

Alterations can be done to make changes errors but the two previous people who signed it must sign the alteration.

An exhibit is making reference to a document you have attached to the affidavit

Question 6

Examination of person making the affidavit

Answer 6

If you have sworn & affirmed an affidavit, its not the end of the matter. You might be asked questions from the other party to attend a hearing for cross examination.