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r 17.05

Affidavit by person unable to understand English

In force
Part 17Affidavits

17.05 Affidavit by person unable to understand English

(1) If it appears to the person witnessing an affidavit that the deponent is unable to understand the English language, the person must certify in or below the jurat that:

(a) the affidavit was made with the assistance of an interpreter (naming the interpreter) who first took an oath that he or she:

(i) understands the English language and the language of the deponent (naming the language); and

(ii) would truly and faithfully interpret to the deponent the contents of the affidavit and the oath to be administered to the deponent; and

(b) the affidavit was read to the deponent in the person's presence with the assistance of the interpreter; and

(c) it appeared to the person that the deponent understood the affidavit; and

(d) 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 by a deponent who is unable to understand the English language, the affidavit is not to be used in evidence unless the Court is satisfied that it was:

(a)

made in accordance with subrule (1)(a); and

(b) read to the deponent with the assistance of an interpreter and the deponent appeared to understand it.

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