Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Changes in top ranks of SVG Police Force
    Front Page
    Changes in top ranks of SVG Police Force
    Webmaster 
    August 18, 2026
    THE Royal St Vincent and the Grenadines Police Force (RSVGPF) has announced changes in the highest ranks of the organisation, with seasoned officers T...
    Weekend brings chaos in Kingstown
    Front Page
    Weekend brings chaos in Kingstown
    Webmaster 
    August 18, 2026
    POLICE OFFICERS in St Vincent and the Grenadines (SVG) were kept busy between August 14 to August 17, as four separate shooting incidents were recorde...
    Pharmacist freed of wounding with licenced firearm charge
    Front Page
    Pharmacist freed of wounding with licenced firearm charge
    Webmaster 
    August 18, 2026
    THE USE OF A LICENSED FIREARM for self defence was again ventilated before the courts when this time around, pharmacist Esworth Lewis was freed of a c...
    Police present scholarships and bursaries to 78 students
    Front Page
    Police present scholarships and bursaries to 78 students
    Webmaster 
    August 18, 2026
    THE ROYAL STVINCENT and the Grenadines Police Force (RSVGPF), on Thursday, August 13, 2026 handed out scholarships and bursaries to 78 students who wi...
    Fourteen receive Building and Loan scholarships and bursaries
    Front Page
    Fourteen receive Building and Loan scholarships and bursaries
    Webmaster 
    August 18, 2026
    THE STVINCENT BUILDING & Loan Association (SVBLA) has awarded scholarships and bursaries to 14 students as part of its continued commitment to support...
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    News
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    Webmaster 
    August 18, 2026
    BISHOP ISHMAEL PRINCE CHARLES of St.Vincent and the Grenadines (SVG), was elected Assistant Director of World Missions at the Church of God’s 80th Int...
    News
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    News
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    Webmaster 
    August 18, 2026
    BISHOP ISHMAEL PRINCE CHARLES of St.Vincent and the Grenadines (SVG), was elected Assistant Director of World Missions at the Church of God’s 80th Int...
    Journey VincyMas 2027: Road to 50 launched in New York
    News
    Journey VincyMas 2027: Road to 50 launched in New York
    Webmaster 
    August 18, 2026
    THE CARNIVAL DEVELOPMENT Corporation (CDC) last Friday, August 14, 2026, blasted off their promotional campaign, “VincyMas 2027 Road to 50,” in the US...
    NASCAR driver Rajah Caruth  excited to  create new  memories of SVG
    News
    NASCAR driver Rajah Caruth excited to create new memories of SVG
    Webmaster 
    August 14, 2026
    Professional NASCAR driver Rajah Caruth received a hero’s welcome in Barrouallie yesterday, August 13,2026 returning to his roots during an emotional ...
    Caution given on the responsible use of AI
    News
    Caution given on the responsible use of AI
    Webmaster 
    August 14, 2026
    With Artificial Intelligence (AI) becoming increasingly advanced and accessible, Chief Executive Officer of the National Centre for Technological Inno...
    Former Miss SVG Aviar Charles shares inspiring journey in pursuit of higher education
    News
    Former Miss SVG Aviar Charles shares inspiring journey in pursuit of higher education
    Webmaster 
    August 14, 2026
    Former Miss St Vincent and the Grenadines (SVG), Aviar Charles recently reflected on her journey to the crown while encouraging the St. Vincent and th...

    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