(3) contain the full address of the person before whom the affidavit was sworn, and (2) be completed and signed by the person before whom the affidavit was sworn whose name and qualification must be printed beneath his signature, (2) makes more than one affidavit (to which there are exhibits) in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each affidavit.ĥ.1 The jurat of an affidavit is a statement set out at the end of the document which authenticates the affidavit. (1) refers to an exhibit or exhibits, he should state‘there is now shown to me marked ‘…’ the ( description of exhibit)’, and (2) the source for any matters of information or belief. (1) which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief, and (4) state if he is a party to the proceedings or employed by a party to the proceedings, if it be the case. (3) give his occupation or, if he has none, his description, and (2) if giving evidence in his professional, business or other occupational capacity, give the address at which he works in (1) above, the position he holds and the name of his firm or employer, (1) commence ‘I ( full name) of ( address) state on oath ……’, (4) the identifying initials and number of each exhibit referred to, andĤ.1 The affidavit must, if practicable, be in the deponent’s own words, the affidavit should be expressed in the first person and the deponent should: (3) the number of the affidavit in relation to that deponent, (2) the initials and surname of the deponent, (1) the party on whose behalf it is made, (2) after any party has applied to the court for such a direction.ġ.7 An affidavit, where referred to in the Civil Procedure Rules or a practice direction, also means an affirmation unless the context requires otherwise.Ģ A deponent is a person who gives evidence by affidavit or affirmation.ģ.1 The affidavit should be headed with the title of the proceedings (see paragraph 4 of Practice Direction 7A and paragraph 5 of Practice Direction 20) where the proceedings are between several parties with the same status it is sufficient to identify the parties as follows:ģ.2 At the top right hand corner of the first page (and on the backsheet) there should be clearly written: (By rule 81.4(1), unless and to the extent that the court directs otherwise every contempt application must be supported by written evidence given by affidavit or affirmation.).ġ.5 If a party believes that sworn evidence is required by a court in another jurisdiction for any purpose connected with the proceedings, he may apply to the court for a direction that evidence shall be given only by affidavit on any pre-trial applications.ġ.6 The court may give a direction under rule 32.15 that evidence shall be given by affidavit instead of or in addition to a witness statement or statement of case: (2) in any application for a search order, a freezing injunction, or an order requiring an occupier to permit another to enter his land. (1) where sworn evidence is required by an enactment 5, rule, order or practice direction, and (For information regarding evidence by deposition see Part 34 and Practice Direction 34A.)ġ.4 Affidavits must be used as evidence in the following instances: However a witness may give evidence by affidavit if he wishes to do so 2 (and see paragraph 1.4 below).ġ.3 Statements of case (see paragraph 26 onwards) and application notices 3 may also be used as evidence provided that their contents have been verified by a statement of truth 4. Who may administer oaths and take affidavitsĭefects in affidavits, witness statements and exhibitsġ.1 Rule 32.2 sets out how evidence is to be given and facts are to be proved.ġ.2 Evidence at a hearing other than the trial should normally be given by witness statement 1 (see paragraph 17 onwards). Inability of Deponent to read or sign affidavit This Practice Direction supplements CPR Part 32Ĭontents of this Practice Direction Title
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