[blindlaw] Special Requirements for Affidavits Sworn by Blind People?

Gerard Sadlier gerard.sadlier at gmail.com
Thu Jul 28 19:19:54 UTC 2016


All

I'd be really grateful for any information you may have concerning
whether in jurisdictions (other than Ireland) affidavits which are
being sworn by a blind person are subjected to special requirements.

In Ireland, the following provisions of Order 40, Rule 14 of the Rules
of the Superior Courts are applicable.

“(2) A person taking an affidavit shall, where it appears to him that
the affidavit is to be sworn by any person who appears to be
illiterate or blind—
(a) ensure that the affidavit is read in his presence to the deponent
and that the deponent has fully understood it,
(b) [relates to deponents who don't understand either English or Irish] … and
(c) certify in the jurat that the affidavit was read in his presence
to the deponent (in a case to which paragraph (b) refers, by a
suitably qualified interpreter), that the deponent fully understood it
and that the deponent made his signature or mark in his presence.”

I have to say I think these are onerous, particularly for a solicitor
(lawyer) who has to draft and swear affidavits regularly.

I fully understand what the rules are there to avoid but I'm not sure
that they have quite kept up with information technology. Certainly
any affidavit I swear is something I have drafted myself and read over
before printing.

Views welcome.

Kind regards

Ger




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