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

[Gerard Sadlier]

Yes and at common law, see Re Gibson Decd [1947] an English decision.
Mine is a slightly different question though.

On 7/28/16, Paul Wick via BlindLaw <blindlaw at nfbnet.org> wrote:
> 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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