Affidavit - Law Dictionary Search Results
Home Dictionary Name: affidavitAffidavit
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 fil...
Increase, affidavit of
Increase, affidavit of. Affidavit of payment of in-creased costs, produced on taxation. 'Of the costs of the pleadings, and the office fees of the proceed-ings, in the cause down to trial, the record will, in general, sufficiently inform the taxing-master; but the amount of the costs of the trial, including the evidence and the suspending of and any payment to witnesses, counsel, and Court fees, must be supported by affidavit, commonly called the 'Affidavit of Increase' Gray on Costs. See also Annual Practice, 1937, R.S.C. Ord. LXV., r. 16, and note. For forms of affidavit, see Chitty's Forms and Scott on Costs....
affidavit of support
affidavit of support A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding.All other cases use the I-134 Affidavit of Support. Go to I-864 General Information & Frequently Asked Questions to learn more. Source: Department of State. March 2007. ...
collection by affidavit
collection by affidavit :a procedure available for small estates in some states as an alternative to court administration in which a person named in a will may file an affidavit asserting his or her entitlement to payment after a waiting period compare summary distribution ...
Affidavit of documents
Affidavit of documents, an affidavit by a party against whom an order for discovery has been made specifying all the documents material to the matters in dispute in the action which are or have been in his possession are power. See DISCOVERY....
Affidavit to hold to bail
Affidavit to hold to bail. By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 3, it was provided that upon an affidavit of the existence of a debt to the amount of 20l. or upwards, and that a defendant was about to quit England, the plaintiff might apply to a judge to hold such defendant to bail. The (English) Bankruptcy Repeal and Insolvent Court Act, 1869, s. 20, repealed the above section and substituted other provisions. See ABSCOND....
Merits, affidavit of
Merits, affidavit of. This instrument is necessary when a defendant seeks to set aside, for irregularity, a judgment signed or other proceeding. The term 'merits,' in an affidavit of this nature, is to be read in a technical sense, and is not to be understood to be confined to strictly moral and conscientious defences; and defences of the Statute of Frauds or Limitations, and of Bankruptcy and Infancy, are defences on the merits, 2 Chit. Arch. Prac....
affidavit
affidavit [Medieval Latin, he/she has pledged faith, third singular perfect of affidare see affiant ] : a sworn statement in writing made esp. under oath or on affirmation before an authorized magistrate or officer compare deposition, examination ...
Affidavit of increase
Affidavit of increase. See INCREASE....
Affidavit Office in Chancery
Affidavit Office in Chancery, abolished by 15 & 16 Vict. c. 87, ss. 27 and 29, and its duties transferred to the Clerks of Records and Writs....
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