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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 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.

It also lists the name of the party who is opposing the original summons. The rest of the affidavit gives evidence or rationales as to why the original affidavit is false. At the end of the Affidavit, there usually is a statement that indicates that the information in the affidavit is correct. 

 

How to use this Document?

The Document shall be carefully read by the Defendant.

This affidavit format may be used by the Defendant to draft an affirmation / affidavit in opposition to a court summons.

This document may be used when there is a need to affirm a statement made by the Defendant is of truth to his or her knowledge.

The Defendant 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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