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General affidavit

An affidavit can be used for the following purposes:

  • General affidavit, when applicants or respondents want to provide evidence to support their case.
  • Affidavit in response to the other party affidavit / application
  • Affidavit to provide additional information, if requested by the court or if they wish to do so 
  • Affidavit in support of an application/response , if any of the parties wants to or asked to provide further evidence to support their application or response
  • Affidavit in support to an interlocutory application 
Please note that you might need to seek a leave to adduce new evidence or affidavit or request an extension of time or leave to file out of time by filing an interlocutory application or combine it in the same affidavit, just mention that you are seeking [order pursuant to section xxx OR rule xxx] and mention the grounds of the order/s sought  . 

Check the interlocutory application template in FDSS Knowledge Base or contact your coach for more details

The forms can be filled electronically on a desktop computer or laptop
Steps:

  1. Download the form 
  2. Fill the form electronically 
  3. Share with FDSS
  4. Go to your nearest court house. Affirm or swear on the affidavit in the presence of a court registrar
  5. Ask them for a photocopy/scan of the sworn/affirmed affidavit, so you can serve it on the other parties.
  6. If they provide you with a photocopy, scan it and send it by email to the Case management review email address and CC the other parties involved OR If they provide you with a scanned copy, just attach the scanned copy and serve it on the other parties
  7. When serving it by email , copy and paste the template below in the body of the email (Just edit the red colour font and edit as required
  8. All parties must be included in the email as a way of service

Email Subject : FAM xxxx-xxxx-xxxx-xxxx– (Case name YYYY v ZZZZ) – (document type/purpose)

 

To : [Court Location] Registry Team 
CC: [Lawyer name] – Child’s Counsel
       [Lawyer name] – The respondent/applicant Counsel

Dear (Court Location) Registry,

This matter is scheduled for a [court event] on [date] at [Court location]. I have enclosed a copy of the affidavit dated ______, as directed by Judge _____ on _______ . Could you please pass the enclosed document/s to the Presiding Judge or Judge _____ for consideration.

All parties have been served upon in this email.

Could you please acknowledge the receipt of the documents by responding to this email pursuant to rule 120 FCR 2002

Kind regards
Name
Phone number

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