sec.432Swearing or affirming affidavit

### sec.432 Swearing or affirming affidavit The signatory or substitute signatory for an affidavit and the witness for an affidavit must sign each page of the affidavit. Subrule (3) applies if— there is 1 signatory for the affidavit; or although there are 2 or more signatories for the affidavit, both or all of the signatories are not swearing or affirming the affidavit at the same time before the same witness. A statement (the jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the signatory; and state whether the affidavit was sworn or affirmed; and state the day and the place the signatory made the affidavit; and be signed by the signatory in the presence of the witness; and be signed in accordance with the Oaths Act 1867 ; and otherwise be as in the approved form. See also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit. Subrule (5) applies if there are 2 or more signatories for the affidavit, 2 or more of whom are swearing or affirming the affidavit at the same time before the same witness. In addition to any statement required under subrule (3) , a statement (also the jurat ) must be placed at the end of the body of the affidavit and must— state the full name of each of the signatories; and state, for each of the signatories, whether the affidavit was sworn or affirmed; and state the day and the place both or all of the signatories made the affidavit; and be signed by the signatories in the presence of the witness; and be signed in accordance with the Oaths Act 1867 ; and otherwise be as in the approved form. See also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit. For this rule, the place a signatory made an affidavit is the place the signatory was located when the affidavit was made. r 432 amd 2009 SL No. 162 s 2 sch; 2021 Act No. 23 s 58 sch 1 sub 2022 SL No. 49 s 7 (sec.432-ssec.1) The signatory or substitute signatory for an affidavit and the witness for an affidavit must sign each page of the affidavit. (sec.432-ssec.2) Subrule (3) applies if— there is 1 signatory for the affidavit; or although there are 2 or more signatories for the affidavit, both or all of the signatories are not swearing or affirming the affidavit at the same time before the same witness. (sec.432-ssec.3) A statement (the jurat ) must be placed at the end of the body of the affidavit and must— state the full name of the signatory; and state whether the affidavit was sworn or affirmed; and state the day and the place the signatory made the affidavit; and be signed by the signatory in the presence of the witness; and be signed in accordance with the Oaths Act 1867 ; and otherwise be as in the approved form. See also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit. (sec.432-ssec.4) Subrule (5) applies if there are 2 or more signatories for the affidavit, 2 or more of whom are swearing or affirming the affidavit at the same time before the same witness. (sec.432-ssec.5) In addition to any statement required under subrule (3) , a statement (also the jurat ) must be placed at the end of the body of the affidavit and must— state the full name of each of the signatories; and state, for each of the signatories, whether the affidavit was sworn or affirmed; and state the day and the place both or all of the signatories made the affidavit; and be signed by the signatories in the presence of the witness; and be signed in accordance with the Oaths Act 1867 ; and otherwise be as in the approved form. See also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit. (sec.432-ssec.6) For this rule, the place a signatory made an affidavit is the place the signatory was located when the affidavit was made. - (a) there is 1 signatory for the affidavit; or - (b) although there are 2 or more signatories for the affidavit, both or all of the signatories are not swearing or affirming the affidavit at the same time before the same witness. - (a) state the full name of the signatory; and - (b) state whether the affidavit was sworn or affirmed; and - (c) state the day and the place the signatory made the affidavit; and - (d) be signed by the signatory in the presence of the witness; and - (e) be signed in accordance with the Oaths Act 1867 ; and - (f) otherwise be as in the approved form. - (a) state the full name of each of the signatories; and - (b) state, for each of the signatories, whether the affidavit was sworn or affirmed; and - (c) state the day and the place both or all of the signatories made the affidavit; and - (d) be signed by the signatories in the presence of the witness; and - (e) be signed in accordance with the Oaths Act 1867 ; and - (f) otherwise be as in the approved form.