sec.85Swearing or affirming affidavit

sec.85 Swearing or affirming affidavit

The person making an affidavit and the person taking the affidavit must sign each page of the affidavit. Subrule (3) applies if— the affidavit is made by 1 person; or although the affidavit is made by 2 or more persons, both or all of the persons are not swearing or affirming the affidavit at the same time before the same person. A statement (a jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the person making the affidavit before the person taking it; and state whether the affidavit was sworn or affirmed; and state the day and the place the person made the affidavit; and be signed by the person making it in the presence of the person authorised to take the affidavit; and For persons who may take an affidavit, see the Oaths Act 1867 , parts 4 and 6A . then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and The capacity mentioned in paragraph (e) refers to the person who may take the affidavit listed in the note under paragraph (d) . otherwise be as in the approved form. If the affidavit is made by 2 or more persons, 2 or more of whom are swearing or affirming the affidavit at the same time before the same person, then, in addition to any statement under subrule (3) , a statement (also a jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the persons making the affidavit before the person taking it; and state, for each of the persons making the affidavit, whether the affidavit was sworn or affirmed; and state the day and the place both or all the persons made the affidavit; and be signed by the persons making it in the presence of the person authorised to take the affidavit; and then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and otherwise be as in the approved form. r 85 amd 2021 Act No. 23 s 58 sch 1 (sec.85-ssec.1) The person making an affidavit and the person taking the affidavit must sign each page of the affidavit. (sec.85-ssec.2) Subrule (3) applies if— the affidavit is made by 1 person; or although the affidavit is made by 2 or more persons, both or all of the persons are not swearing or affirming the affidavit at the same time before the same person. (sec.85-ssec.3) A statement (a jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the person making the affidavit before the person taking it; and state whether the affidavit was sworn or affirmed; and state the day and the place the person made the affidavit; and be signed by the person making it in the presence of the person authorised to take the affidavit; and For persons who may take an affidavit, see the Oaths Act 1867 , parts 4 and 6A . then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and The capacity mentioned in paragraph (e) refers to the person who may take the affidavit listed in the note under paragraph (d) . otherwise be as in the approved form. (sec.85-ssec.4) If the affidavit is made by 2 or more persons, 2 or more of whom are swearing or affirming the affidavit at the same time before the same person, then, in addition to any statement under subrule (3) , a statement (also a jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the persons making the affidavit before the person taking it; and state, for each of the persons making the affidavit, whether the affidavit was sworn or affirmed; and state the day and the place both or all the persons made the affidavit; and be signed by the persons making it in the presence of the person authorised to take the affidavit; and then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and otherwise be as in the approved form.