Affidavits

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    Affidavits

    If evidence is submitted in the form of an affidavit and filed with the Court and the other party as evidence then the witness concerned will not be required to attend.

    Our experience of doing this was that the Judge had read the affidavits before the hearing and took them fully into consideration in making judgement.

    What is the experience of others on this procedure?
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    #2
    I have used this process of filing affidavits under the disclosure protocols and as a result have saved the attendance of one or more witnesses where the evidence of the individual affidavit has not been under dispute.

    An affidavit saying for example - "On Monday the 1st of December 2005, I accompanied my friend Arthur Bloggs to the premises of Bodgit and Scarper where he paid the sum of £100 in cash for work to be done to his front wall"

    That is either disputed or it isn't. If disputed, witness comes to court, but if accepted by the other party, then no need for witness to attend and the judge will accept it as uncontested truth.

    If the other side will not agree anything, then you get all affidavited witnesses to attend court under summons because the judge might well want to question them, and the other side might want to cross-examine them.

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