Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 29.04

Swearing or affirming affidavit by person who has disability

             (1)  If the deponent is illiterate, the person before whom the affidavit is sworn must certify in or below the jurat that the affidavit was read to the deponent, in the person's presence.

             (2)  If the deponent is blind, the person before whom the affidavit is sworn must certify in or below the jurat that the affidavit was read in the person's presence to the deponent.

             (3)  However, subrule (2) does not apply if the deponent:

                     (a)  has read the affidavit by means of a computer with a screen reader, text-to-speech software or a Braille display; and

                     (b)  includes in the affidavit a statement that the deponent:

                              (i)  is blind; and

                             (ii)  has read the affidavit; and

                            (iii)  specifies the means by which it was read.

             (4)  If the deponent is, because of a physical disability, incapable of signing the affidavit, the person before whom the affidavit is sworn must certify in or below the jurat that the deponent signified that the deponent swore the affidavit.

             (5)  If an affidavit is made by:

                     (a)  an illiterate deponent and does not include a certificate in accordance with subrule (1); or

                     (b)  a blind deponent and does not include:

                              (i)  a certificate in accordance with subrule (2); or

                             (ii)  a statement in accordance with subrule (3);

the affidavit may be used only if the party seeking to use the affidavit satisfies the Court that the affidavit was read to the deponent.



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