![]() When you say something in an affidavit, it is as serious as saying it directly to the judicial officer while you are in the witness box in court. You must swear or affirm that the contents of the affidavit are true. This allows a case to run more quickly and efficiently as all parties know what evidence is before the Court. There is limited opportunity to give a personal account of your evidence in court. The initial stages of most family law cases focusses on coming to an agreement with the other party, as the vast majority of disputes are resolved without going to trial. Unless a court orders otherwise, a child (under the age of 18 years) should not prepare an affidavit to support your case.Īffidavits by witnesses will be discussed with the judicial officer as your case progresses. For example, you would need to file an affidavit if you want the Court to consider evidence from a family member, friend or professional. You should only file an affidavit by a witness if the evidence is relevant to your case. If you are relying on evidence from a witness (not an applicant or respondent) to support your case, you will need to file a separate affidavit on their behalf. If you think words should be struck out of an affidavit filed on behalf of the other party, you need to state your objection in writing to the court and the other party at least 14 days before the trial. This means that the affidavit is treated as if the improper parts do not exist. The judicial officer can make an order striking out any part of an affidavit that is irrelevant, or otherwise improper. If you are unsure about what can and cannot be included in your affidavit, you should seek legal advice. You should not refer to anything said or documents produced in connection with an attempt to negotiate a settlement of your dispute, as these are not admissible as evidence in Court. If you need to rely on hearsay evidence in your affidavit, get legal advice to see whether it would be admissible in court. There are, however, a number of exceptions to the hearsay rule. ![]() Where possible you should avoid referring to facts that are based on information received from others (known as hearsay evidence). The exception to including opinions is where the person is giving evidence as an expert for instance, a psychologist or licensed valuer. Include only what you saw and heard wherever possible, not your opinion (for example, you can include details of conversations with someone, but not what you think are the reasons they did something). Generally, an affidavit should not set out the opinion of the person making the affidavit that is, it must be based on facts not your beliefs or views. What should not be included in an affidavit? Try and leave out things not relevant to what the Court has to decide. Your affidavit does not need to be lengthy as long as you include all the facts that you are relying on as evidence. The length of your affidavit will depend on the complexity of your case. The Judicial Officer may not have time to hear more evidence in Court. The affidavit must contain all of the evidence you are relying on. If the affidavit is accompanying an application, it is important that your affidavit supports the orders you are asking the Court to make. Therefore, you should include all the facts that are relevant in your case. You can use the affidavit template below to help format your affidavit.Īn affidavit is a statement of facts.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |