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

[Paul Wick]

In a related vein blind people are prohibited from acting as witnesses under British Columbia's Wills Act.

Paul

Sent from my iPhone

> On Jul 28, 2016, at 12:49 PM, Farber, Randy via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> 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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