The jurat will state that the affidavit was made by video-conference.The witness must go through every page to be included in the affidavit and make the necessary oath.The Commissioner for Oaths or practising solicitor must confirm that an appropriate religious text is available to the witness.Both the witness and the Commissioner for Oaths or practising solicitor must be able to see and hear one another.The Commissioner for Oaths or practising solicitor must have a copy of the affidavit itself, any documents being attached to it (exhibits), and an identification document for the witness.When swearing an affidavit by video-conference: The reason for the inability to meet must be set out in the affidavit. It may not be practicable for example due to health issues, which affect the ability to meet in person. It is possible to swear affidavits for use in the Circuit Court, High Court, Court of Appeal or Supreme Court by video-conference where the witness cannot attend in person with the Commissioner for Oaths or practising solicitor who is to verify the affidavit. The judge may be able to decide the case by reading the affidavits, which is a quicker and less expensive procedure. The defendant can then respond by swearing their own affidavit. Instead, these cases are dealt with using only affidavits.įor example, if the plaintiff (the person bringing the case) issues a summary summons, it will be accompanied by an affidavit setting out the facts of the case. Some cases do not involve an oral hearing with witnesses giving evidence in court. It is possible to swear affidavits for use in the Circuit Court, High Court, Court of Appeal or Supreme Court by video-conference (see ‘Swearing by video-conference’ below). The witness who swears an affidavit is known as a deponent.Īffidavits are sometimes written and prepared by a solicitor or a barrister after they get all the necessary information from the witness. It is a document that sets out the evidence that the witness wants to give. An affidavit is a sworn written statement from a witness in a case.
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