Magistrates Court (Children's Division) Rules 2012
29Form of affidavits
Start here
Get a plain-English read of 29
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Children's Division) Rules 2012.
29 Form of affidavits
(1) Subject to rule 10 , an affidavit under these rules of court is to comply with this Part.
(2) An affidavit is to comply with the following:
(a) it is to bear the title of the proceeding in which it is sworn;
(b) it is to be drawn up in the first person;
(c) it is to state the residential, or business, address and the occupation of the person making it or, if none, a description of the person making it;
(d) it is to be divided into consecutively numbered paragraphs each of which is to be confined to a distinct part of the subject;
(e) any sum of money or number is to be in figures only;
(f) a statement (the jurat) must be placed at the end of the body of the affidavit and must –
(i) state the full name of the person making the affidavit; and
(ii) state whether the affidavit was sworn or affirmed; and
(iii) state the day on which, and the place where, the person made the affidavit; and
(iv) be signed by the person making the affidavit in the presence of the person authorised to take the affidavit; and
(v) be then signed by the person before whom the affidavit is taken; and
(vi) contain, below the signature of the person specified in subparagraph (v) , a statement of the capacity of that person to take the affidavit;
(g) each separate sheet is to be signed by the person before whom the affidavit is taken;
(h) each annexure is to be identified by a certificate annexed to it, or endorsed in it, bearing the short title of the proceeding and signed by the person before whom it is sworn or affirmed.