The plaintiff will need to file and serve the affidavits they want to present within 10 working days after an agreement to give evidence by affidavit was filed or, if the rules say that evidence can be given by affidavit, 10 working days after the date when pleadings closed.Generally the following procedure will be adopted when filing and serving affidavits: The following information applies to both affidavits and affirmations. These rules refer to affidavits but apply to affirmations as well. The rules for making affidavits and affirmations are found in rules 9.68-9.89 of the High Court Rules (external link) The information below relates to the basic requirements of affidavits and affirmations. The document is known as an affirmation if its contents are said to be true but an oath is not sworn on a religious scripture. The document is known as an affidavit if its contents are sworn on oath on a religious scripture. Affidavits and affirmations are used to present evidence in written form. The parties must make their closing submissions based on the evidence presented.Īffidavits and affirmations - written statements of factĪffidavits and affirmations are documents that contain information said to be true by the person who swears the affidavit or affirms the affirmation. They are not allowed to offer opinions about what decision should be made. When a person is giving evidence, they are allowed to make a statement of fact only. This can be done by a witness in person or by affidavit. This means the judge relies on at least two parties presenting opposing submissions and, where appropriate, evidence.Įvidence is presented to the court when the parties do not agree on the facts relating to a proceeding. The New Zealand judicial system is adversarial. Evidence - statements of fact made to the court
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