Affidavit - Definition - Law Dictionary Home Dictionary Definition affidavit

Definition :

Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.

By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.

As to time for filing affidavits, see R.S.C. 1883, Ord. XXXVIII., r. 25.

As to affidavit of documents see Ord. XI, r. 13 of C.P.C., 1908.

As to inspection of documents referred to in pleadings or affidavits, see Ord. XI, r. 15, C.P.C., 1908.

Affidavit is a voluntary declaration of facts written down and sworn to by the declaration before an officer authorized to administer oaths of great deal of evidence is submitted by affidavit, esp., in pre-trial matters such as summary-judgment motions, Black Law Dictionary, 7th Edn., p. 58.

Any affidavit may be sworn to either in print or in manuscript, or partly in print and partly in manuscript (English) R. S. C. 1883, Ord. LXVI., r. 4.

Where the above rules do not state anything to the contrary, the practice previously existing in reference to affidavits is still applicable (Jud. Act, 1925, s. 101). In the Chancery Division, motions and proceedings, commenced by originating summons, are heard on affidavit evidence. So applications for attachments, certiorari, criminal information, mandamus, quo warranto, and other processes are usually made on affidavit (see, e.g., r. 53 of the (English) Crown Office Rules of 1886), and by (English) R. S. C. 1883, Ord. LII., r. 4, copies of affidavits intended to be used on the hearing of a motion for attachment, to set aside an award, and in certain other cases must be served on the other party together with the notice of motion. Any person who has made an affidavit in any cause or matter is liable to be cross-examined thereon. See Ord. XXXVIII., r. 28.

The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), repealing 24 enactments from 16 & 17 Car. 2, c. 9, to s. 18 of the (English) Solicitors Act, 1877, regulates the appointment and powers of commissioners to 'administer any oath or take any affidavit' in England or elsewhere. See COMMISSIONER FOR OATHS, and also AFFIRMATION and DECLARATION.

It shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. [The General Clauses Act, 1897 (10 of 1897), s. 3 (3)]

The expression 'affidavit' has been commonly understood to mean a sworn statement in wiring made especially under oath or on affirmation before an authorised Magistrate or Officer. Affidavit has been defined in sub-clause (3) of s. 3 of the General Clauses Act, 1897 to include 'affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing'. The essential ingredients of an affidavit are that the statement or declarations are made by the deponent relevant to the subject matter and in order to add sanctity to it, he swears or affirms the truth of the statements made in the presence of a person who in law is authorised either to administer oath or to accept the affirmation, M. Veerabhadra Rao v. Tek Chand (1985) 1 SCR 1003: (1984) Supp SCC 571:AIR 1985 SC 28 (33). [Advocates Act (25 of 1961)]

--shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. [General Clauses Act, 1897, s. 3(3)]