What is the significance of an affidavit that is entered into a court case and how and when is it addressed?
QLD Effect of Affidavit in court
- Thread starter cuttyshatface
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This is an incredibly basic overview, from a non-litigation lawyer with basic litigation experience:
An affidavit is a means of introducing evidence to a court; usually statements of fact and/or documents. They are used fairly universally as a non-verbal means of submitting information. The person making the affidavit, the deponent, is a witness for the purposes of the court. That's why an affidavit must be sworn or affirmed as true and correct - similar to what a witness must do in court on the witness stand.
To become part of the evidence in a hearing, the affidavit needs to be accepted by the court. First, the affidavit will be 'read', the judge will consider its admissibility and any party who wishes to contest it may raise their issue. Once entered into evidence it forms part of the exhibits.
If the content of the affidavit is contentious, the opposing party may request that the deponent be cross-examined on the affidavit's contents. If the deponent then doesn't appear, the court may reduce the value of the information in that affidavit.
An affidavit is a means of introducing evidence to a court; usually statements of fact and/or documents. They are used fairly universally as a non-verbal means of submitting information. The person making the affidavit, the deponent, is a witness for the purposes of the court. That's why an affidavit must be sworn or affirmed as true and correct - similar to what a witness must do in court on the witness stand.
To become part of the evidence in a hearing, the affidavit needs to be accepted by the court. First, the affidavit will be 'read', the judge will consider its admissibility and any party who wishes to contest it may raise their issue. Once entered into evidence it forms part of the exhibits.
If the content of the affidavit is contentious, the opposing party may request that the deponent be cross-examined on the affidavit's contents. If the deponent then doesn't appear, the court may reduce the value of the information in that affidavit.
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