Affidavit—certificate of reading or signature for person making
6716 Affidavit—certificate of reading or signature for person making
If the person taking an affidavit considers that the person making it is incapable of reading the affidavit, the person taking the affidavit must certify in or below the jurat that—
the affidavit was read or otherwise communicated in the person’s presence to the person making it; and
the person making it seemed to understand the affidavit; and
either—
the person making the affidavit made his or her mark or signature in the presence of the person taking the affidavit; or
if the person taking the affidavit considers that the person making it is not capable of marking or signing the affidavit—the person making it signified in another way that the person made the affidavit.
If the person taking an affidavit considers that the person making it cannot understand the affidavit when the affidavit is read or otherwise communicated to the person in English, the person taking the affidavit must certify in or below the jurat that an interpreter, whose name and address is stated in the certificate, swore before the person taking the affidavit that—
the interpreter had, in the presence of the person taking the affidavit, interpreted the contents of the affidavit to the person making the affidavit; and
the person making the affidavit seemed to understand it; and
the interpreter had interpreted the oath to the person; and
the person swore that the contents of the affidavit interpreted to the person were true.
If the person taking an affidavit considers that the person making it is physically incapable of signing the affidavit, but is capable of reading it, the person taking the affidavit must certify in or below the jurat that the person signified that the person made the affidavit.
If an affidavit is made by a person who is incapable of reading the affidavit, and a certificate under subrule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that—
the affidavit was read or otherwise communicated to the person making it; and
the person seemed to understand it; and
the person signified that the person made the affidavit.
If an affidavit is made by a person who is physically incapable of signing the affidavit, but is capable of reading it, and a certificate under subrule (3) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that the person signified that the person made the affidavit.
In this rule:
jurat—see rule 6715 (2) (Affidavit—taking of).
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