The Affidavit of service / Affirmation format is filed by the Plaintiff in support of a court summons. It is to affirm that the statement provided by the Plaintiff is true to his or her knowledge.
The Plaintiff would first solemnly and sincerely affirm that he or she is the Plaintiff as a matter of verification or proof of identity.
The second part of the document is that the Plaintiff would pledge that the Affirmation format or Affidavit of service is made in support of the Summons filed. It is to point out in specific which Summons this affirmation is made in regards to, which helps in maintaining the specificity of the affirmation.
The Plaintiff would then assert in the third part of the document that the facts deposed in his or her statement are true to the best of his or her knowledge, information and belief save where otherwise stated.
The requirement of truthfulness within the statement is important in showing that the evidence provided by the Plaintiff are with good faith and reliable, otherwise the case judgment would not be impartial nor fair. It is important that all, including his or her knowledge, information and belief are considered, as the court may employ either or both objective and subjective tests in relation to evidence provided by the Plaintiff, and apply such to a particular criterion in law or when assessing a question of law.
The Statement of the Plaintiff is attached as the fourth part of the document. It is to present to the court of what content the Plaintiff would like to include as part of his or her statement. The document is ended with an assertion that everything included in the Affirmation format or Affidavit of service are true, so as to validate the document itself.
The main difference between the Affirmation format and the Affidavit of service is in relation to the religious belief of the Plaintiff. In cases where the Plaintiff is a Catholic or Christian, he or she has to make an Affidavit instead of an Affirmation, and the Plaintiff would be asked to swear an oath while holding a Bible. The distinction is limited to only Catholics and Christians, people with other religious believes, even if those other beliefs have respective sacred texts also, are not required to make an Affidavit of service.
The Document shall be carefully read by the Plaintiff.
This affidavit format may be used by the Plaintiff to draft an affirmation / affidavit in support of a court summons.
This document may be used when there is a need to affirm a statement made by the Plaintiff is of truth to his or her knowledge.
The Plaintiff shall sign the Document before the Commissioner for Oaths / Notary Public / Justice of Peace / Judiciary, and make sure all content in the Document is true.
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4. Please get all parties to review the document carefully and make any final modifications to ensure that the details are correct before signing the document. Each party should have a copy of the executed document.
5. The document should be signed by the authorised signatory (or 2 directors for a company) and witnessed to complete the formality.
affidavit of service,