Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
January 24, 2020

Affidavit evidence in civil court

EVIDENCE IS AN important part of presenting a case before the court. Very often it is oral evidence where witnesses on the stand are questioned in court regarding their knowledge of the facts pertaining to a specific case. Evidence can also be presented by way of affidavit. The court may require the witness to present the evidence in this written form instead of oral evidence. It could require it in addition to the oral evidence.

An affidavit is a document with statements that are voluntarily sworn to for a proceeding in court.

The document produced is headed with the title of the proceedings. The person who makes the sworn statement in the document is known as the deponent.

He or she writes down his knowledge of the facts pertaining to the matter at hand. The facts are written down in an orderly manner and numbered and the deponent swears or affirms to the document before an officer who is authorized to do so, for example, the Registrar of the High Court. It is filed at the court office.

The document is legally binding and a person could be charged with perjury if false statements are made.

Presenting an affidavit does not preclude the party from attending court. If the party does not attend the court to give oral examination an affidavit would not exempt him. He will still have to turn up in court to be cross-examined. Cross-examination goes to the fairness and justice of the court system.

Cross-examination is a vital part of the court process. This is the way by which the court is able to check the truthfulness and credibility of the person who makes the affidavit. The attorney or an unrepresented person gets the opportunity to question the other party or witness regarding the knowledge of facts. If the deponent does not turn up in court, the affidavit could be thrown out unless the court allows. Under cross-examination falsehood could be revealed and the deponent’s credibility could be destroyed. Any one party wishing to challenge the affidavit of the deponent must apply to do so in

21 days before a trial or 7 days for any other hearing.

Rule 30 of the Civil Procedure Rules 2000 provides guidance for the making of an affidavit. The deponent cannot include information that he would not be able to prove from his or her knowledge.

In other words, the deponent must state the truth. The court could strike out “any scandalous, irrelevant or otherwise oppressive matter contained therein.” (CPR2000) The deponent must present a document that is free of error.

If the document cannot be reprinted, the deponent and the person before whom it is sworn could initial any alteration.

Supporting documents such as bills and receipts could be of tremendous importance and to the advantage of the deponent. They are referred to as exhibits.

These would be referenced in the statements on the document and given a letter A, B, C etc. designation.

Photocopy of the document should be attached. Where there are many exhibits they could be arranged in a bundle. The original documents should be kept in a bundle for inspection not only by the other parties but also by the court. A certificate of the documents contained in the stack must be displayed on the front page of the bundle. The deponent, in the presence of the person authorized, must sign the document at the end of the statements. The lawyer who represents the deponent cannot sign the document.

● Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Domestic worker killed at Long Wall
    Front Page
    Domestic worker killed at Long Wall
    Webmaster 
    September 12, 2025
    FAMILY MEMBERS of a woman who was killed at Long Wall say they suspect their relative was hacked by a person they all know very well. On Tuesday, Sept...
    NDP never built a single house in SVG – Finance Minister
    Front Page
    NDP never built a single house in SVG – Finance Minister
    Webmaster 
    September 12, 2025
    THE IDEA THAT HOUSING is a right, that every Vincentian has a right to safe and secure housing, and that the government has a role to play in ensuring...
    No bail for Police officer charged with attempted murder
    Front Page
    No bail for Police officer charged with attempted murder
    Webmaster 
    September 12, 2025
    A POLICE OFFICER, who allegedly stabbed his ex-girlfriend 26 times about her body was remanded even as his lawyer argued that the Royal St Vincent and...
    New ULP Administration will roll out AI policy
    Front Page
    New ULP Administration will roll out AI policy
    Webmaster 
    September 12, 2025
    A NEW UNITY LABOUR PARTY ADMINISTRATION will be rolling out an Artificial Intelligence (AI) policy to embrace its positives and guard against the nega...
    Sandy Bay Secondary School marks 20th Anniversary
    Front Page
    Sandy Bay Secondary School marks 20th Anniversary
    Webmaster 
    September 12, 2025
    TUESDAY, SEPTEMBER, 9,2025 was a memorable day for the staff and students of the Sandy Bay Secondary School, which was marking its 20th anniversary wi...
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    News
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    Skills not available locally, non-nationals have to be hired says Finance Minister
    News
    Skills not available locally, non-nationals have to be hired says Finance Minister
    Webmaster 
    September 12, 2025
    NON- NATIONALS ARE being hired to fill several jobs in St Vincent and the Grenadines (SVG) simply because locals did not have the required skill sets....
    Montgomery Daniel squashes rumours that he’s sick
    News
    Montgomery Daniel squashes rumours that he’s sick
    Webmaster 
    September 12, 2025
    DEPUTY PRIME MINISTER Montgomery Daniel has sought to clear around rumours that have been circulating relating to his health. Speaking on NBC radio on...
    $1.3 billion in Tourism investment to yield 2,000 jobs – Camillo
    News
    $1.3 billion in Tourism investment to yield 2,000 jobs – Camillo
    Webmaster 
    September 12, 2025
    The GOVERNMENT of St Vincent and the Grenadines is set to sign agreements for tourism investment of $1.3 billion on mainland St.Vincent. On Monday, Se...
    Bagga’ man pleads guilty to illegal gun, ammo possession
    From the Courts, News
    Bagga’ man pleads guilty to illegal gun, ammo possession
    Webmaster 
    September 12, 2025
    A BARROUALLIE MAN will be sentenced next week after pleading guilty to being in illegal possession of a firearm and eight rounds of ammunition. Demron...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok