Affidavit / Affirmation to Court Summons
Plaintiff
The Affidavit / Affirmation in support of a court summons/application is a document filed by the Plaintiff in support of the originating summons. It names the issue (i.e. the original summons) that is being supported, along with the name of the party who filed the original summons.
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The document should be signed by the authorised signatory (or directors of a company) and witnessed to complete the formality.
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Document Description
The Affidavit / Affirmation in support of a court summons/application is a document filed by the Plaintiff in support of the originating summons. It names the issue (i.e. the original summons) that is being supported, along with the name of the party who filed the original summons.
It also lists the name of the party who is supporting the original summons. The rest of the affidavit gives evidence or rationales as to why the original affidavit is true. At the end of the Affidavit, there usually is a statement that indicates that the information in the affidavit is correct.
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 beliefs, even if those other beliefs have respective sacred texts also, are not required to make an Affidavit of service.
How to use this Document?
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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