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Lying in an affidavit is the same as lying in court testimony, and it constitutes a crime called perjury.Īn affidavit is a classic example of a hearsay document: an out-of-court statement offered to establish the truth of the matter set forth therein. In an affidavit, you swear under penalty of perjury that the facts you set out in the document are true to the best of your knowledge. Think of an affidavit as written testimony. The CPC tells us that an Affidavit ought to, be confined to the personal knowledge of the witness. While drafting the Affidavit of Evidence, one is directed to Order XVIII of the CPC and Order XIX of the CPC. While an Affidavit of Evidence cannot be withdrawn, the admissions made in it would be used against you. A short and concise statement will make it easier for the Court to understand the issues in your case. You do not need to include every single detail about what happened or to repeat yourself for emphasis. This includes documents produced in response to a subpoena, a sworn affidavit that was relied on as evidence in court, and any reports from a family consultant.Īffidavit is too long – This is perhaps the most common mistake made by self- represented litigants. mentally capable of signing a legal document for themselves) Authenticated by the proper person (such as a notary public) Sworn under oath.ĭocuments filed in court, whether or not they are used as evidence in the proceedings, are confidential until they are made public record. Yes, an Affidavit is legally binding if it is properly executed, meaning it was: Created by a legal adult who is of sound mind (i.e. It probably will cost you between $100 and $500. It will vary, depending on how much work has to be done to prepare and complete the affidavit. As earlier noted Order 3 Rule 8 and order 17 Rule 16 of the Lagos State Rules 2004 are silent as to whether reply or further affidavit could be filed by the claimant, upon being served with a counter-affidavit. (ii) It provides a reply to a counter affidavit. It is best to keep your paragraphs short.įurther and better counter affidavit. The facts are set out in paragraphs with each paragraph numbered on the left side. Keep your affidavit as short as possible. The Affidavit can vary in length from one page to multiple pages. These legal documents are used in conjunction with witness statements or related evidence in a dispute. The purpose of an affidavit is to formally legitimize a claim. The time, location and date on which the same was executed should be the main consideration or that the contents of the affidavit are denied by new/other evidence making the previous affidavit null and void. Time A notarized document like an affidavit is valid for its contents up to infinity. Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the court. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination. You cannot tell your witness what to write in their affidavit.
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They must also be willing to come to court on the hearing day to give their evidence and be questioned by both people on it. Each of your witness’s must prepare and file their own separate affidavit. After witnessing your signature, the witness must also sign your affidavit.Ĭheck with the court about how many copies of your affidavit you need. An authorised person includes a Justice of the Peace (JP), a solicitor or barrister. Affidavits must be signed in front of a witness who is an "authorised person". Looking for an answer to the question: How long can an affidavit be? On this page, we have gathered for you the most accurate and comprehensive information that will fully answer the question: How long can an affidavit be?Īn affidavit is a written statement where the contents are sworn or affirmed to be true.