31.5 Making of affidavits
--(1) All affidavits must be sworn or affirmed before a Commissioner of Affidavits.
--(2) No affidavit may be admitted into evidence if sworn or affirmed before the attorney-at-law of the party on whose behalf it is to be used or before any agent, clerk, partner or associate of such attorney-at-law.
--(3) Where it appears that the deponent is illiterate or blind, the person before whom the affidavit is made must certify in the jurat that-
----(a) the affidavit was read in his presence to the deponent;
----(b) the deponent seemed perfectly to understand it; and
----(c) the deponent made his signature or mark in his presence.
--(4) A person may make an affidavit outside the jurisdiction in accordance with-
----(a) this Part; or
----(b) the law of the place where he makes the affidavit.
--(5) Any affidavit which purports to be sworn or affirmed in accordance with the law and procedure of any place outside the jurisdiction is presumed to have been so sworn.
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
Previous Rule (31.4 Documents to be used in conjunction with affidavit)