An affidavit is evidence given in the written form.

Details

Created: Wednesday, May 11 2016 23:20

Certain legal documents cannot just be signed, they must be sworn in front of a commissioner for oaths or a solicitor. The purpose is to ensure the document is being sworn independently and without outside influence.

In March of this year, an issue arose during the course of a bail application regarding whether an affidavit was validly sworn. It transpired that the bail applicant did not know what was meant by swearing an affidavit, and no Bible had been produced during the swearing of the affidavit.

Both solicitors involved appeared before the President of the High Court, Kelly P., to explain why no valid oath had been administered. Kelly P. did not accept the explanation that no Bible had been available in the remand centre in which the swearing took place. Due to the manner in which the affidavit was signed, Kelly P. stated that the affidavit was not a sworn affidavit.

In order to ensure swearing is validly carried out, a solicitor should ensure that they know the deponent, or the deponent has been introduced to them by a person who knows the deponent. The solicitor should confirm that the deponent has read and understands the document and should then request that the deponent swear or affirm to the truth of what is written in the document.

The Oaths Act 1909 specifies how oaths should be taken. Section 2 states that the person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his or her uplifted hand, and shall say or repeat after the officer administering the oath the words ‘I swear by Almighty God that…’, followed by the words of the oath prescribed by law.”

The accepted wording for affidavits is “that this is my name and handwriting, that I have read the affidavit and that the contents of the affidavit are true”.