Θεσμοί Πολιτικής Δικονόμίας

2. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, but on interlocutory applications an affidavit may contain statements of information and belief, with the sources and grounds thereof. The costs of every affidavit which shall unnecessarily set forth matter of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the same.

3. Every affidavit shall be intituled in the cause or matter in which it is sworn; but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant respectively, and that there are other plaintiffs or defendants, as the case may be.

4. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be enumbered consecutively, and, as nearly as may be, shall be confined to a distinct portion of the subject.

6. There shall be appended to every affidavit a note showing on whose behalf it is filed, and no affidavit shall be filed or used without such note, unless the Court or a Judge shall otherwise direct. And before an affidavit is used in the Court for any purpose, the original shall be filed in the Court.

[Δ.Κ. 2.7.2021] 7. An affidavit may be sworn before a Judge or Registrar of any Court ή ενώπιον προσώπου το οποίο εξουσιοδοτείται ειδικά προς τούτο από το Ανώτατο Δικαστήριο.

8. Where an affidavit proposed to be sworn is illegible or difficult to read, or is in the judgment of the person who would have to administer the oath so written as to facilitate fraudulent alterations, he may refuse to administer the oath and may require the affidavit to be re-written.

10. The person taking the affidavit shall note immediately at the foot thereof, towards the left side of the paper, the time when and the place where the affidavit is taken, and that the affidavit was sworn and signed before him; he shall sign the jurat and describe his office. (Form 35.)

11. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the " above-named " deponents.

12. The person administering the oath shall not allow an affidavit when sworn to be altered in any way without being re-sworn. If the jurat has been added and signed, he shall add a new jurat on the affidavit being re-sworn, and in the new jurat he shall mention the alteration. He may refuse to allow the affidavit to be re-sworn, and may require the affidavit to be re-written.

13. Where an affidavit is sworn by any person who appears to the officer taking it to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court or a Judge is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. (Form 36.)

14. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Court or a Judge be read or made use of in any matter pending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the signature or initials of the officer taking the affidavit, nor in the case of any erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.

15. The Court or Judge may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

17. Any affidavit, declaration or affirmation may be sworn or taken in Great Britain, Ireland or the Channel Islands or in any British Colony, Possession, Protectorate or Mandated Territory or other place under the dominion of Her Majesty in foreign parts before any Court, Judge, notary public, or person lawfully authorized to administer oaths in any such Colony, Possession, Protectorate, Mandated Territory or other place under the dominion of Her Majesty, or may be sworn or taken before any of Her Majesty's Consuls or Vice-Consuls in any foreign parts outside Her Majesty's Dominions, and the Judges and other officers of the Cyprus Courts shall take judicial notice of the seal or signature as the case may be of any such Court, Judge, notary public, person, Consul or Vice-Consul appended or subscribed to any such affidavit, declaration or affirmation or to any other document, and shall allow the same as regards its form to be used in a Cyprus Court without further proof but subject always as regards admissibility of its contents to the Rules of evidence.

20. Accounts, extracts from registers, particulars of creditors' debts, and other documents referred to by affidavit shall not be annexed to the affidavit, or referred to in the affidavit as annexed, but shall be referred to as exhibits.

21. Every exhibit referred to in an affidavit shall be marked with the short title of the cause or matter and contain a reference to the person swearing the affidavit and the date on which it is sworn, and shall be initialled by the officer before whom the affidavit is sworn. If there are two or more exhibits to the same affidavit they shall be marked with separate letters and in the affidavit be referred to by their letters.