sec.86Certificate of reading or signature for person making affidavit

sec.86 Certificate of reading or signature for person making affidavit

If the person taking an affidavit considers that the person making it is incapable of reading the affidavit, the person taking the affidavit must certify in or below the jurat that— the affidavit was read or otherwise communicated in the person’s presence to the person making it; and the person seemed to understand the affidavit; and the person signified that the person made the affidavit. If the person taking an affidavit considers that the person making it is physically incapable of signing it, the person taking the affidavit must certify in or below the jurat that— the affidavit was read or otherwise communicated in the person’s presence to the person making it; and the person seemed to understand the affidavit; and the person signified that the person made the affidavit. If an affidavit is made by a person who is incapable of reading the affidavit or physically incapable of signing the affidavit and a certificate under subrule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that— the affidavit was read or otherwise communicated to the person making it; and the person seemed to understand it; and the person signified that the person made the affidavit. In this rule— jurat see rule 85 (3) and (4) . (sec.86-ssec.1) If the person taking an affidavit considers that the person making it is incapable of reading the affidavit, the person taking the affidavit must certify in or below the jurat that— the affidavit was read or otherwise communicated in the person’s presence to the person making it; and the person seemed to understand the affidavit; and the person signified that the person made the affidavit. (sec.86-ssec.2) If the person taking an affidavit considers that the person making it is physically incapable of signing it, the person taking the affidavit must certify in or below the jurat that— the affidavit was read or otherwise communicated in the person’s presence to the person making it; and the person seemed to understand the affidavit; and the person signified that the person made the affidavit. (sec.86-ssec.3) If an affidavit is made by a person who is incapable of reading the affidavit or physically incapable of signing the affidavit and a certificate under subrule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that— the affidavit was read or otherwise communicated to the person making it; and the person seemed to understand it; and the person signified that the person made the affidavit. (sec.86-ssec.4) In this rule— jurat see rule 85 (3) and (4) .

• (a) the affidavit was read or otherwise communicated in the person’s presence to the person making it; and
• (b) the person seemed to understand the affidavit; and