Understanding Affidavits
- Affidavits in Legal Proceedings
- Roles and Requirements
Affidavits can be used as evidence in civil and family court cases to support motions or petitions before a trial. For instance, affidavits describing threatening behavior can support a request for a restraining order. Ultimately, the judge decides how much weight to give to affidavits versus other evidence.
- Facts about Affidavits
Affidavits declare facts in writing and can be used to prove a person’s address legally, verify a name change, settle property disagreements, handle divorce cases, resolve debt disputes, and more.
The Legal Impact of Affidavits
- Affidavits in Criminal Cases
- The Role of Affidavits in High Courts
In criminal cases, affidavits cannot be used as evidence in high courts as the accused has the right to confront the accuser. This means the person making the affidavit may have to testify in person, especially in American courts. An accused cannot submit evidence using an affidavit as well.
- Affidavits in Cheque Bounce Cases
A complainant can strengthen a cheque bounce case with evidence like the original bounced cheque, cheque return memo, and record of sending the accused a demand notice. It is pertinent under the law for complainants to provide evidence through affidavits in such cases, whereas the same is not allowed for accused individuals facing trial under the Negotiable Instruments Act.
- Court Judgments and Affidavits
In India, it typically takes around one to two years to obtain a court judgment in a cheque bounce case. The effectiveness of affidavits in a case depends on how well they are drafted, as they cannot be used as evidence without a court order granting permission. The weight given to affidavits in court proceedings is at the judge’s discretion.