On the day of the court, once the affidavit has been submitted will I have to deal with it in its entirety or refer only to the main points as the judge will have to be told why the land was not sold. I expect that the other side will deny everything that I am saying. Is it necessary to deal with the affidavit at all? Also, I have new information which has since come to light since I sent in my affidavit. I intend referring to this in court. Would this be the correct thing to do? Is this permitted? When I sent the affidavit to the other side, I omitted to send the exhibits. I have asked the circuit court office to send me a copy of the set I sent them, signed and stamped by a comm. for oaths. Is it sufficient to send the other side these, i.e. a copy of the originals? Could they object to this? Also, when I was before the registrar, the other side did not indicate to the registrar that they had not received the exhibits and they did not ask for extra time to submit a replying affidavit. The barrister for the other side has indicated to me that they do not have to submit a replying affidavit and do not intend doing so. Is there any significance in all of this?
1. At the outset, you should send a copy of the affidavit and a copy of the exhibits to the other side if you have not yet done so. Be aware that you cannot send the originals - they are in the Circuit Court office - so all you can ever send are copies. secondly, when you are in court, the judge will only expect you to deal with the main points of the application. The Motion is expected to be a short application, not a resume of all of life. If the judge has any questions or wants clarification, the Registrar/judge will ask you a question. Thirdly, if there is additional information since you filed the affidavit, you should file a further affidavit. However, before you go filing further affidavits, you have to ask yourself "Is it really relevant?". The more material there is, the less attention the judge will pay to it and to you. The Registrar/Judge is human. The Registrar has a very limited interest in your case. They are only getting paid a salary which does not increase the longer your case goes on for. So, expect indifference on the part of the Registrar, not the interest you have in the case.2. YOu should be aware that the fact the other side are not submitting an affidavit means that all relevant evidence has been set out in your affidavit and the other side wish to add nothing. It really means that there is not a lot to the case which needs evidence. All the facts are there. The only thing to do now is to argue about those facts and what is to happen to the land, whether it should be sold or not and who should handle the sale. So be careful about submitting additional affidavits as they are most likely irrelevant.
When I sent in my affidavit to the circuit court, I sent in copies of the exhibits, each with a cover sheet signed and stamped by a commissioner for oaths. Should I have sent in the originals instead and if so what difference could that make now? No one from the circuit court office has contacted me about this being any error on my part. When I send on copies of the exhibits to the other side (I've already sent them a copy of the affidavit itself) will I also need to send them copies of each of the cover sheets to each exhibit?
3. At this stage, it does not matter what the Circuit court has, whether originals or copies. It is done now. In future, you should file the originals with the court and send copies to the other side. Secondly, you should send a copy of everything - including the cover sheet - when you are sending copies to the other side. Remember, as you have to initial the cover sheet of each exhibit, it is properly one of the documents in the case.Please ACCEPT the answer
Barrister 17 years experience
Ok, that's great. Thank you.
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