Victorian Consolidated Regulations

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 43.02

    (1)     If it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate, blind or physically incapacitated the person must certify in or below the jurat that—

        (a)     the affidavit was read in the person's presence to the deponent; and

        (b)     the deponent seemed to the person to understand it; and

        (c)     the deponent made the deponent's signature or mark in the person's presence.

    (2)     If an affidavit is made by an illiterate, blind or physically incapacitated deponent and a certificate in accordance with paragraph (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed perfectly to understand it.