Evidence of Fact: Affidavits Flashcards
(8 cards)
What is the main difference between a witness statement and an affidavit?
A. An affidavit can only be used at trial, whereas a witness statement is used before trial.
B. A witness statement is shorter than an affidavit.
C. An affidavit does not need to mention the witness’s occupation.
D. An affidavit must be sworn on oath, whereas a witness statement is verified by a statement of truth.
D. An affidavit must be sworn on oath, whereas a witness statement is verified by a statement of truth.
Explanation:
An affidavit requires formal swearing before a qualified person, while a witness statement simply includes a statement of truth.
What is the “jurat” in an affidavit?
A. A list of exhibits
B. A type of statement of truth used only for interim hearings
C. A certificate confirming compliance with procedural rules
D. A formal section at the end stating where, when, and before whom the affidavit was sworn
D. A formal section at the end stating where, when, and before whom the affidavit was sworn.
Explanation:
The jurat is the part authenticating the affidavit: it must be immediately after the body of the affidavit.
In which situation must evidence be provided by affidavit?
A. In an application for a freezing injunction
B. At trial when a party prefers it
C. In a witness summary before trial
D. When applying for specific disclosure
A. In an application for a freezing injunction.
Explanation:
For freezing orders (and search orders), the Civil Procedure Rules require evidence by affidavit, not merely by witness statement.
You are applying for an urgent freezing order against a company you believe is hiding assets. How must your evidence be presented?
A. In a witness statement with a statement of truth
B. By oral testimony at the hearing
C. In an affidavit, sworn before a commissioner for oaths
D. In a letter signed by a solicitor
C. In an affidavit, sworn before a commissioner for oaths.
Explanation:
The rules require sworn affidavits for serious interim applications like freezing orders.
Which of the following is NOT a requirement of the jurat in an affidavit?
A. The full address where the affidavit was sworn
B. The name and qualification of the person before whom it was sworn
C. The party’s solicitor’s name
D. The date of swearing
C. The party’s solicitor’s name.
Explanation:
The jurat must include the swearing officer’s details, not the party’s solicitor unless they happen to be acting as commissioner for oaths.
A witness statement is prepared for an interim hearing but mistakenly omits the “reason for making the statement” paragraph. What is the main consequence?
A. The statement may still be accepted if the missing information is clear elsewhere.
B. The court will automatically reject the statement
C. The statement will be converted into an affidavit automatically.
D. The statement is void and cannot be rectified.
A. The statement may still be accepted if the missing information is clear elsewhere.
Explanation:
While format matters, the court focuses on substance and will not usually reject a witness statement automatically for minor technicalities.
You have filed an affidavit in support of a search order. Later, you realise a material fact was unintentionally omitted. What should you do?
A. Submit a letter explaining the omission.
B. File a corrected affidavit sworn again before a commissioner for oaths.
C. Wait until the hearing to explain the error orally.
D. Make an application to withdraw the original affidavit.
B. File a corrected affidavit sworn again before a commissioner for oaths.
Explanation:
Corrections must maintain the same level of formality as the original affidavit: they must be sworn properly again.
You draft an affidavit, but accidentally refer to it as a “witness statement” throughout the document. What is the procedural risk?
A. The affidavit will automatically be treated as a valid affidavit.
B. The affidavit may be rejected for failing to comply with CPR 32.16.
C. There is no risk if the contents are accurate.
D. The affidavit will be treated as hearsay evidence.
B. The affidavit may be rejected for failing to comply with CPR 32.16.
Explanation:
Strict form is required for affidavits, including proper headings and wording. Errors in form can cause procedural problems.
