Signing an affidavit

PKD

Hi There,

A good friend of mine has asked me to sign an affidavit for him, in a case he is about to pursue against an organisation

I don't want to be seen to be involved with the whole thing at all at all .

I can say that's what is on the affidavit is true, but I just don't want to get involved.

My question is, by signing this affidavit, how involved will / can I become in the court case?

any advice appreciated.

Jo

conorh91

If you don't make certain averments in an affidavit, you may in any case be compelled to appear as a witness in the matter. Whereas at least if there is an affidavit, you may not be called upon to appear at the hearing.

To get away with not giving evidence, you pretty much need to be mentally compromised, and/ or have derived your information in your capacity as a priest, a doctor, or a lawyer.

BattyJoe

conorh91 wrote: »

If you don't make certain averments in an affidavit, you may in any case be compelled to appear as a witness in the matter. Whereas at least if there is an affidavit, you may not be called upon to appear at the hearing.

To get away with not giving evidence, you pretty much need to be mentally compromised, and/ or have derived your information in your capacity as a priest, a doctor, or a lawyer.

Thanks for that . So , what do you advise me to do ???!!!

BattyJoe

And if I do sign it , will it not look like I am trying to help my friend in his case ( from the organisations perspective that is) ?

conorh91

BattyJoe wrote: »

Thanks for that . So , what do you advise me to do ???!!!

It's impossible for a stranger to advise you on that.

But if you can assist in the administration of justice, then the responsible course is to agree to swear an affidavit.

Obviously if the litigation is vexatious, if the individual concerned is undesirable, if you are personally compromised or if your information is privileged, that's a different story. Otherwise I don't see the issue. That's just a personal opinion. If you are concerned about anything of a legal nature, seek the advice of a solicitor.

If you sign an affidavit you can be called to be cross-examined by the way.

conorh91

Deleted User wrote: »

If you sign an affidavit you can be called to be cross-examined by the way.

Or if you don't, so that's not much of a disincentive.

At least if he swears an affidavit, he may not be asked to appear, or may only be asked to produce documents or video footage etc, without having to be sworn and cross-examined.

Pat Mustard

BattyJoe wrote: »

And if I do sign it , will it not look like I am trying to help my friend in his case ( from the organisations perspective that is) ?

If you sign an affidavit to help your friend, that's exactly what it will look like.

Peregrinus

You can decline to make the affidavit.

Your friend can launch his court proceedings anyway, and call you as a witness. You'll have to testify.

It will be clear to the other party in the proceedings that you are not a co-operative witness. On the other hand your friend will be deeply resentful.

Which relationship do you value more?

billy few mates

Is there something in particular that makes you uncomfortable about signing this affidavit...?

perhaps you could tell your friend you will sign the affidavit but only if you're allowed to include these misgivings or a statement to say what it is that makes you uncomfortable about this, other than the fact that you simply 'don't want to get involved'....

Sclosages

Is this a work related issue? Would your position be compromised?