Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/4399
Title: Affidavits
Contributor(s): Colbran, Stephen (author); Reinhardt, Greg (author); Spender, Peta (author); Jackson, Sheryl (author); Douglas, Roger (author); Townes O'Brien, Molly (author)
Publication Date: 2009
Handle Link: https://hdl.handle.net/1959.11/4399
Abstract: An affidavit is a sworn statement used in support of or against an application in court. Affidavits, like oral evidence, are subject to the rule against hearsay. However, the hearsay rule does not apply to affidavits used in interlocutory proceedings (which are accepted on information and belief, provided the source of the information and the grounds of belief are stated). The Rules of Court contain detailed requirements as to the form and structure of affidavits. There are complicated rules concerning the form of the jurat and the procedures for swearing or affirming the contents of an affidavit. A jurat (meaning 'he or she swears') is a statement at the end of an affidavit setting out the name of the deponent, his or her signature, where and when the affidavit was made the name of the person who took (witnessed) the affidavit, and the signature and title (or description) of the person who took the affidavit. Affidavits may annex or exhibit documents to which they refer, depending on the jurisdiction. Affidavits are required to be filed and served before they can be used in proceedings. The maker of the affidavit may also be required to attend the court for cross-examination. The courts have power to prevent scandalous and irrelevant affidavit material making its way onto the court file. Alterations or erasures to affidavits must be authenticated by appropriate procedures. Non-compliance with the rules governing affidavits can be sanctioned with leave of the court. Effective affidavits are built upon the exercise of drafting skills. Brevity, style and attention to detail should be the hallmarks of an affidavit. Affidavits are always a reflection of your ability to gather and present evidence in written form. But never forget that an affidavit is that of the deponent, not his or her lawyer.
Publication Type: Book Chapter
Source of Publication: Civil Procedure: Commentary and Materials, p. 778-824
Publisher: LexisNexis Butterworths
Place of Publication: Chatswood, Australia
ISBN: 9780409324693
Field of Research (FOR): 180123 Litigation, Adjudication and Dispute Resolution
180121 Legal Practice, Lawyering and the Legal Profession
HERDC Category Description: B3 Chapter in a Revision/New Edition of a Book
Other Links: http://nla.gov.au/anbd.bib-an44160489
http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=prod1020067
Statistics to Oct 2018: Visitors: 336
Views: 335
Downloads: 0
Appears in Collections:Book Chapter

Files in This Item:
2 files
File Description SizeFormat 
Show full item record

Page view(s)

148
checked on May 3, 2019
Google Media

Google ScholarTM

Check


Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.