Affidavit

A statement which before being signed, the person signing takes an oath that the contents
are, to the best of their knowledge, true.
The statement is intended to become evidence before a Court.
It is also certified by a notary or lawyer or some other judicial officer that can administer oaths, to
the effect that the person signing the affidavit was under oath when doing so (as is shown on the
bottom of the sample affidavit form pictured left.
These documents carry great weight in Courts to the e!tent that judges have been known to (albeit
rarely accept an affidavit instead of the testimony of the witness.
"ut, using words adopted by #ustice $raser said in Pierre v Lil'Wat Nation %&&& '% "C() *d *+%,
-Truth will out, even in an affidavit., reflecting the universal understanding of those with courtroom
e!perience that the affidavit is an effete vehicle, when compared with oral testimony in court, for the
proper determination of factual disputes.-
An affidavit can even bring evidence to the Court in spite of the deponent.s death before trial.
-An affidavit given on an interlocutory motion was received into evidence at trial where the
deponent had died prior to trial even though he had not been cross/e!amined. The evidence of (a
defendant taken on a reference, who had died prior to cross-examination, was admissible.-

-I do not reach my decision without some hesitation because certain paragraphs in the affidavit
appear to contain inadmissible evidence.
-It must be remembered that the application was to have the affidavit received in evidence. It was not
to have the contents accepted by the court.
-The affidavit would not tie the trial judge.s hands. It will be up to him to sort out what constitutes
properly admissible evidence and what should be rejected. 0hould he decide to accept parts of the
affidavit, it will still be up to him to decide what weight that evidence should be given.-
0ee also Affidavits: The How-To Guide