4400402
Description
Flashcards by djcoda2000, updated more than 1 year ago
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Created by djcoda2000
over 8 years ago
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| Question | Answer |
| What to do when Exhibits are 1-10 pages? | If the exhibit is 10 pages or less, it must be attached to the Affidavit (when served) |
| When Exhibits are 11 pages or more | You don’t need to attach and file longer exhibits, but those exhibits must be made available for the use of the Court at the chambers application and they must be made available to the opposite party for inspection before application. |
| When can you use Hearsay Evidence? | Can be used only for interlocutory applications or by leave of the court under |
| Under what condition may you use Hearsay evidence? | Hearsay can only be included if the source of the information is provided. You should name a specific person instead of a corporation or an employee of a company. |
| What is the definition of a Jurat? | Clause at the end of the affidavit that is completed and signed by a commissioner for taking Affidavits for BC, and sets out where, when, and before whom the deponent made the affidavit. |
| Why jurat should never be on a page by itself? | So that there can be no claim that information was removed |
| How to deal with altering an Affidavit, Before they are sworn | Requires that the person taking the Affidavit (the Commissioner) must initial all alterations in the Affidavit BEFORE the Affidavit is sworn. |
| How to deal with an Affidavit after they are sworn. | If an Affidavit needs to be altered after it has been sworn, it cannot be used unless it is resworn. |
| How to Resworn an Affidavit | Have the requisite alterations/changes initialed by the Commissioner and insert a 2nd jurat indication that the Affidavit has been resworn and that both the deponent and commissioner have signed it [preferred method] |
| Deponent | The deponent is the person giving the evidence, i.e. the person swearing or affirming the Affidavit. |
| The Deponent should not be | The lawyer appearing as counsel in the proceeding in which the Affidavit is used. |
| When are Double Hearsay permitted? | • Double hearsay is never permitted |
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