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Rules of the Superior Courts

Amendment to: Order 40
S.I. No. 95 of 2009: Rules of the Superior Courts (Affidavits) 2009


1. The Rules of the Superior Courts are hereby amended by the substitution for rule 14 of Order 40 of the following:
      “14. (1) A person taking an affidavit shall certify in the jurat of every affidavit taken by him:

        (a) that he personally knows the deponent, or

        (b) that the deponent has been identified to him by some person personally known to him and named in the jurat who certifies his personal knowledge of the deponent, or

        (c) that the identity of the deponent has been established by him by reference to a relevant document containing a photograph of the deponent before the affidavit was taken,


      and in a case to which paragraph (c) applies shall give particulars of the relevant document concerned.

      (2) A person taking an affidavit shall, where it appears to him that the affidavit is sworn by any person who appears to be illiterate or blind, certify in the jurat that the affidavit was read in his presence to the deponent and, that the deponent fully understood it, and that the deponent made his signature or mark in his presence. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court is otherwise satisfied that the affidavit was read over to and fully understood by the deponent.

      (3) In this rule “relevant document” has the same meaning as in section 2 of the Statutory Declarations Act 1938.”

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