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

[Farber, Randy]

Ger - 

	In the United States an affidavit is a statement sworn to in front of a notary and a notary cannot notarize one's own signature.  Therefore, there are always two persons; the person signing/swearing to the affidavit and the notary who certifies the signature on the affidavit.  Are the laws in Ireland different so that a notary can authenticate one's own signature?

Randy

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Gerard Sadlier via BlindLaw
Sent: Thursday, July 28, 2016 2:20 PM
To: blindlaw
Cc: Gerard Sadlier
Subject: [blindlaw] Special Requirements for Affidavits Sworn by Blind People?

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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