Affidavit / Affirmation to Court Summons
Defendant / Opposition / Counter Affidavit
The Affidavit / Affirmation in opposition to a court summons is a document filed by the Defendant in opposition of the originating summons filed by the Plaintiff. It names the issue (i.e. the original summons) that is opposed or contested, 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 document titled 'Affidavit / Affirmation to Court Summons' is a legal document that is used in court proceedings. It is important because it allows the defendant to present their statement and provide evidence in opposition to the summons filed against them. The document consists of two sections: the affirmation section and the affidavit section.
In the affirmation section, the defendant affirms the truthfulness of the facts stated in the document. They state their identity as the defendant and affirm that the contents of the affirmation are true to the best of their knowledge, information, and belief. This section is signed before a commissioner for oaths, notary public, justice of peace, or judiciary.
In the affidavit section, the defendant makes an oath and states that the facts deposed to in the document are true. Similar to the affirmation section, they affirm their identity as the defendant and state that the contents of the affidavit are true. This section is also signed before a commissioner for oaths, notary public, justice of peace, or judiciary.
Overall, the document serves as a means for the defendant to present their statement and evidence in a legal and formal manner in court.
How to use this document?
To use the 'Affidavit / Affirmation to Court Summons' document, follow these steps:
1. Determine whether you need to use the affirmation or affidavit section based on the requirements of the court or your legal advisor.
2. Fill in the relevant information at the beginning of the document, such as the current year, court jurisdiction, plaintiff's name, and defendant's name.
3. If using the affirmation section, state 'affirmation of defendant' and proceed with the affirmation statement. If using the affidavit section, state 'affidavit of defendant' and proceed with the affidavit statement.
4. Provide a statement that opposes the summons filed against you. Ensure that the statement is truthful and accurate.
5. Sign the document in the presence of a commissioner for oaths, notary public, justice of peace, or judiciary.
6. File the affirmation or affidavit on behalf of the defendant in the court of jurisdiction.
Note: It is essential to seek legal advice or consult with a lawyer to ensure the proper completion and submission of the document according to the specific requirements of your case and jurisdiction.
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