G. Judicial Affidavit
1. JUDICIAL AFFIDAVIT
1) Identity of the witness and personal circumstances;
2) Identity of the counsel conducting the examination and office address;
3) Place of testimony;
4) Offer of testimony;
5) Direct testimony; and
6) Attestation by lawyer who conducted the direct examination.
b. Magic words
1) Question and Answer
Do you know [insert: Plaintiff/Defendant] |
What proof do you have, if any? | I have with me the [insert: description of documentary evidence].
1) As a general rule, it is best to start your questions with a “What”.
2) If you are unsure if there is a predicate to your question. Start by stating the predicate first, then ask your question.
Q: You mentioned that you made demands. What proof do you have if any that you made a demand against her?
A: I have with me the Demand Letter dated 15 June 2021 that I gave her and she received. (Witness hands over a document to counsel.)
2) Marking of exhibits
I am showing to you the [insert: description of documentary evidence] that you handed to me | Is this the same the [insert: description of documentary evidence]? | Yes, that is the same the [insert: description of documentary evidence].
There is a signature on top of the name [insert: NAME OF SIGNATORY] | Whose signature is this? | That is the signature of [insert: Name of signatory] since I am familiar with her signature after having seen her signing other documents.
Counsel: May we request that –
a. The [insert: description of documentary evidence], referred to and pointed by the Witness be marked as [insert: Exhibit number]; and
b. The [insert: description of the part of the document subject of a sub-marking] on the document, referred to and pointed by the Witness be marked as [insert: Exhibit number with sub-marking]
1) A judicial affidavit takes the place of direct examination. Hence, all the rules relevant to direct examination should be observed in the question and answer, particular those which may be the subject of an objection – e.g. a leading question.
2) Marking of evidentiary documents should also be reflected in the judicial affidavit.
Lawyer, Author, Mentor