Professional Documents
Culture Documents
Affidavit
Affidavit
Contents
1Australia
2India
3Sri Lanka
4Ireland
5United States
6Types of affidavit
7See also
8References
Australia[edit]
On 2 March 2016, the High Court of Australia held that the ACT Uniform
Evidence Legislation is neutral in the way sworn evidence and unsworn evidence
is treated as being of equal weight.[2]
India[edit]
In Indian law, although an affidavit may be taken as proof of the facts stated
therein, the courts have no jurisdiction to admit evidence by way of affidavit.
Affidavit is not treated as "evidence" within the meaning of Section 3 of the
Evidence Act.[3] However, it was held by the Supreme Court that an affidavit can
be used as evidence only if the court so orders for sufficient reasons, namely, the
right of the opposite party to have the deponent produced for cross-examination.
[4]
Therefore, an affidavit cannot ordinarily be used as evidence in absence of a
specific order of the court.
Sri Lanka[edit]
In Sri Lanka, under the Oaths Ordinance, with the exception of a court-martial, a
person may submit an affidavit signed in the presence of a commissioner for
oaths or a justice of the peace.
Ireland[edit]
Affidavits are made in a similar way as to England and Wales, although "make
oath" is sometimes omitted. A declaration may be substituted for an affidavit in
most cases for those opposed to swearing oaths. The person making the affidavit
is known as the deponent but does not sign the affidavit. The affidavit concludes
in the standard format "sworn (declared) before me, [name of commissioner for
oaths/solicitor], a commissioner for oaths (solicitor), on the [date] at [location] in
the county/city of [county/city], and I know the deponent (declarant)", and it is
signed and stamped by the commissioner for oaths.
United States