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SA Affidavit from Previous Hearing Classed as Evidence?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 4 September 2016.

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  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

    12 February 2015
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    Hey all,

    Firstly...a huge, huge, huge Happy Father's day to all dad's & especially to the ones doing it tough on this ** ( input expletive ) ** day! Anyone struggling, please pick up a phone & anyone...Please!

    Right, my question is - in preparing for appeal procedural hearing, it's dawned on me that the other party's trial affidavit & case outline whilst retaining the same b/s & untruths to sell the story, complete with annexures from previously filed affidavits, the actual affidavits themselves are not contained.

    AS a SRL, I recall being asked by judge what affidavits I wanted to rely on at final, to which I said, "All of them as they all contained refuting evidence to constant false accusations devoid of any proof (her side).

    I've started preparing notes to have in front of me as the judge no doubt starts to grill & discredit my "grounds" & I wanted to be able to state "page xy & paragraph z" she said blah, blah, blah.

    Trial judge made findings of facts that are clearly wrong as can be found in 1 or the other of ex's affidavits, but are they even classed as being in evidence now?

    Hope that makes sense.


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