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r 17.03

Affidavit by person unable to read

In force
Part 17Affidavits

17.03 Affidavit by person unable to read

(1)

If it appears to the person witnessing an affidavit that the deponent is unable to read, the person must certify in or below the jurat that:

(a)

the affidavit was read to the deponent in the person's presence;

and

(b)

it appeared to the person that the deponent understood the affidavit; and

(c)

the deponent signed his or her name or made a mark in the person's presence.

(2)

If a certificate in accordance with subrule (1) does not appear on an affidavit of a deponent who is unable to read, the affidavit is not to be used in evidence unless the Court is satisfied that it was read to the deponent and that the deponent appeared to understand it.

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