Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 6715

Affidavit—taking of

(SCR o 40 r 5 and r 7 and o 80 r 3; MC(CJ)R s 204 (2) (d); NSW r 35.7B; Qld r 432)

    (1)     The person (or each person) making an affidavit and the person taking the affidavit must sign or initial each page of the affidavit.

    (2)     For each person making the affidavit, a statement (a jurat ) must be placed at the end of the body of the affidavit and must—

    (a)     state whether the affidavit was sworn or affirmed; and

    (b)     state the place the person made the affidavit; and

    (c)     be signed by the person making the affidavit in the presence of the person taking the affidavit; and

    (d)     then be signed by the person taking the affidavit, above a statement of the person's full name, address and capacity to take the affidavit.

Example of capacity for r (2) (d)

solicitor

Note 1     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2     See the Commonwealth Evidence Act, s 186 (Swearing of affidavits before justices of the peace, notaries public and lawyers) and the Oaths and Affirmations Act 1984 , s 11 (Authority to administer oath etc).

    (3)     However, a single jurat may be used for 2 or more people making the affidavit if—

    (a)     they all swear or affirm the affidavit at the same time before the same person; and

    (b)     the jurat includes their names in addition to the details required for each of them under subrule (2).



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