How will affidavits be affirmed without physical presence?

Question

Accepted Answer

Affidavits cannot be affirmed without the physical presence of clients and Commissioners for Oaths under the stated direction
The position described is that affidavits of clients and/or solicitors must be affirmed by Commissioners for Oaths who must be in operation, which in turn requires the movement of all parties, including clients. On that framing, affirming affidavits without physical presence is not treated as feasible because Commissioners for Oaths and the parties involved would still need to attend. The material also ties this requirement to broader case steps that involve movement of other parties, such as process servers for served documents.
Commissioners for Oaths must be in operation and attend with the parties
Affirming affidavits is described as requiring Commissioners for Oaths to be in operation, and the process depends on the movement of all parties, including clients. This links the affirmation step directly to physical attendance rather than remote handling. As a result, the stated logic does not provide an alternative pathway for affirmation when physical presence is not possible.
The described court directions allow remote hearings for certain cases, not affidavit affirmation without attendance
The directions referenced focus on conducting certain uncontested and specified civil cases through telephone and video conference, including ex-parte applications for extension of time and inter-parties applications such as amendments and setting aside judgements. However, the affidavit affirmation requirement is separately described as still depending on Commissioners for Oaths being available and parties being moved. The material therefore treats remote case conduct as compatible with some hearings, while affidavit affirmation still requires in-person attendance.
Other steps after an extension also depend on physical movement of parties
The same reasoning connects affidavit-related work to subsequent procedural steps that require movement, such as serving bankruptcy notices on judgement debtors using process servers. This reinforces that the workflow for certain applications is not fully separable from physical attendance. In that view, removing physical presence for affidavits would not align with the operational needs of the wider process.
Remote work from home is described as impractical because files and computers are kept in offices
The material also states that it is virtually impossible to conduct the work from home because files and computers are kept in office premises. It adds that legal clerical work still requires staff movement, and video conferencing may be difficult for smaller firms lacking infrastructure. While these points address overall operations, they further support the conclusion that affidavit affirmation cannot be shifted to a fully non-physical process within the described constraints.

Reading history

Hide →

This history is cleared when the page is closed.

How will affidavits be affirmed without physical presence?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends