An Affidavit of Claim is a fundamental legal document used within New Zealand's legal system when a formal sworn statement is required to support a legal claim or application. This document type is commonly used in various situations, including debt collection, civil proceedings, property disputes, and other legal matters where formal evidence is required. The Affidavit of Claim must be prepared in accordance with New Zealand legislation, particularly the Oaths and Declarations Act 1957 and relevant court rules. It contains detailed factual information presented in a structured format, must be sworn or affirmed before an authorized person, and serves as evidence in legal proceedings. The document requires careful preparation as it constitutes sworn testimony and making false statements can result in serious legal consequences, including charges of perjury.
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1. Title and Court Reference: Identifies the court, parties involved, and case number if applicable
2. Deponent Details: Full legal name, occupation, and address of the person making the affidavit
3. Basis of Knowledge: Statement establishing the deponent's position and authority to make the claims
4. Statement of Truth: Declaration that the contents are true and correct to the best of the deponent's knowledge and belief
5. Facts and Circumstances: Numbered paragraphs containing the relevant facts supporting the claim in chronological order
6. Relief Sought: Clear statement of what the deponent is claiming or seeking
7. Jurat: Formal closing section showing where and when the affidavit was sworn, including authorized person's details
1. Preliminary Matters: Additional context or jurisdictional matters when relevant to the claim
2. Expert Qualification: Section detailing the deponent's qualifications when the affidavit relies on expert testimony
3. Related Proceedings: Information about other legal proceedings relevant to the claim
4. Legal Submissions: References to relevant laws or precedents, if appropriate
5. Reservation of Rights: Statement reserving the right to amend or supplement the affidavit if new information becomes available
1. Documentary Evidence: Copies of relevant documents referenced in the affidavit
2. Exhibit Schedule: List and description of all exhibits attached to the affidavit
3. Financial Records: Relevant financial documents or statements supporting the claim
4. Correspondence: Copies of relevant communications referenced in the affidavit
5. Photographs or Diagrams: Visual evidence referenced in the affidavit, properly labeled and authenticated
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