Preparation of an Affidavit:
Drafting:
The affidavit begins with the title and case details, followed by a declaration: "I, [name], do hereby solemnly affirm and state as follows..."
It contains numbered paragraphs, each stating facts clearly and concisely.
The language must be objective, and only facts (not opinions) should be stated.
Verification:
Ends with a verification clause, stating that the contents are true to the deponent’s knowledge and belief.
Attestation:
The affidavit must be signed in the presence of an Oath Commissioner, Notary Public, or Magistrate.
The authority verifies the identity of the deponent and administers the oath/affirmation.
Filing:
The attested affidavit is filed in the appropriate court or tribunal, along with the relevant petition, application, or reply.
A court fee stamp may be affixed if required.
Electronic filing (e-filing) is permitted in many courts today.
False affidavits are punishable under Section 191 and 193 of the Indian Penal Code.
Introduction
An affidavit means a sworn statement in writing made especially under oath or on affirmation before an authorized officer or Magistrate. Though the expression affidavit has not been defined in the Civil Procedure Code, 1908 (CPC).
Affidavit:
It is considered a declaration of facts, made in writing, sworn before a person having the authority to administer an oath.
Every affidavit should be drawn up in the first person and should contain only facts and not inferences.
Order XIX of CPC deals with the provisions relating to affidavits.
Essentials of Affidavit
The essential elements of an affidavit are:
It must be a declaration made by a person.
1.It must relate to facts.
2.It must be in writing.
3.It must be in the first person.
4. Must be sworn or affirmed before a Magistrate or any other authorized officer.
Contents of Affidavit: An affidavit should be confined to such facts as the deponent is able to prove to his knowledge.
Rule 3(1) of Order XIX of CPC states that the affidavits shall be confined to such facts as the deponent is able, of his knowledge, to prove, except on interlocutory applications, on which statements of his belief may be admitted; provided that the grounds thereof are stated.
Rule 3(2) of Order XIX of CPC states that the costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.
Verification of Affidavit: An affidavit should be verified.
The importance of verification is to test the genuineness and authenticity of the averments and allegations made by the deponent.
Affidavit by State: Affidavits on behalf of the State should be filed with a sense of responsibility.
Contradictory affidavits filed by the same officer are unworthy of the spokesman of the government and show utter disregard for veracity.
Filing an Affidavit:
1. Familiarize yourself with filing rules:
Check the specific rules of the court or institution where you intend to file the affidavit.
2. Make copies:
Make sufficient copies of the affidavit for all parties involved in the case, including yourself.
3. File the affidavit:
Submit the original affidavit and the required copies to the appropriate authority.
4. Pay any required fees:
There may be fees associated with filing an affidavit, so be prepared to pay them.
5. Obtain proof of filing:
Request a file-stamped copy of the affidavit as proof that it was officially filed.
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