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r 8.02

Affidavit by illiterate, blind or incapacitated person

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Part 2Matters relating to service

8.02 Affidavit by illiterate, blind or incapacitated person

(1)

If it appears to the person before whom an affidavit is sworn that the deponent is illiterate, blind, cognitively impaired or physically incapacitated, the person must certify in or below the jurat that—

(a)

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

(b)

the deponent seemed to the person to understand it.

(2)

If an affidavit is made by an illiterate, blind, cognitively impaired or physically incapacitated deponent and a certificate in accordance with subrule (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent.

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