Write notes on the following: Rules of Drafting affidavit

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Write notes on the following: Rules of Drafting affidavit

Answer & Explanation:

An affidavit is a sworn statement in writing made especially under oath before an authorized officer. Therefore it has to be drafted carefully. Affidavits to be produced in a Court must strictly conform to the provisions of order XIX, Rule 1 of the Code of Civil Procedure, 1908 and in the verification it must be specified as to which portions are being sworn on the basis of personal knowledge and which, on the basis of information received and believed to be true. In the latter case, the source of information must also be disclosed. Order XIX Rule 3 provides that affidavit should be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory application, on which statements on his belief may be admitted; provided that the grounds of such belief are stated. The following rules should be remembered when drawing up an affidavit: Not a single allegation more than is absolutely necessary should be inserted; The person making the affidavit and every person referred therein should be correctly and fully described in the affidavit so that he or it can be easily identified; An affidavit should be drawn up in the first person; An affidavit should be divided into paragraphs, numbered consecutively, and as far as possible, each paragraph should be confined to a distinct portion of the subject (Order XIX Rule 5); When the declarant speaks of any fact within his knowledge he must do so directly and positively using the words "I affirm" or "I make oath and say"; Affidavit should generally be confined to matters within the personal knowledge of the declarant, and if any fact is within the personal knowledge any other person and the petitioner can secure his affidavit about it, he should have it filed. But in interlocutory proceedings, he is also permitted to verify facts on information received, using the words "I am informed by so and so" before every allegation which is so verified. If the declarant believes the information to be true, he must add "and I believe it to be true" or "I make oath and say" (Order XIX Rule 8). When the application or opposition thereto rests on facts disclosed in documents or copies, the declarant should state what is the source from which they were produced, and his information and belief as to the truth of facts disclosed in such documents; The affidavit should have the oath or affirmation written out at the end.

Topics: Legal Drafting

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