Affidavit—taking of
6715 Affidavit—taking of
The person (or each person) making an affidavit and the person taking the affidavit must sign or initial each page of the affidavit.
For each person making the affidavit, a statement (a jurat) must be placed at the end of the body of the affidavit and must—
state whether the affidavit was sworn or affirmed; and
state the place the person made the affidavit; and
be signed by the person making the affidavit in the presence of the person taking the affidavit; and
then be signed by the person taking the affidavit, above a statement of the person’s full name, address and capacity to take the affidavit.
Example of capacity for r (2) (d)
solicitor
See the Evidence Act 1995 (Cwlth), s 186 (Swearing of affidavits before justices of the peace, notaries public and lawyers) and the Oaths and Affirmations Act 1984, s 11 (Authority to administer oath etc).
However, a single jurat may be used for 2 or more people making the affidavit if—
they all swear or affirm the affidavit at the same time before the same person; and
the jurat includes their names in addition to the details required for each of them under subrule (2).
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