Affidavit by person unable to write
17.04 Affidavit by person unable to write
If it appears to the person witnessing an affidavit that the deponent is physically unable to sign his or her name or make a mark, the person must certify in or below the jurat that:
the affidavit was read to the deponent in the person's presence;
and
it appeared to the person that the deponent understood the affidavit; and
the affidavit was made by the deponent without the deponent signing his or her name or making a mark because the deponent was physically unable to do so.
If a certificate in accordance with subrule (1) does not appear on an affidavit by a deponent who is physically unable to sign his or her name or make a mark, 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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