Evidence Ordinance [New Version]

(Section 59(b))

Regulations

In these Regulations —

"administering officer" — a Registrar or a judge of a Magistrate's Court who administers an oath to a person or receives an affidavit from that person;

"affidavit" — including a certificate or document to which an affidavit is attached.

An affidavit shall set out the full name of the deponent, his occupation or profession, and his address.

[Deponent]

An affidavit may be drawn up in the first person or in the third person, and may, for convenience, be divided into paragraphs marked with sequential numbers.

Every interlineation, alteration, erasure, or obliteration that occurred in an affidavit before it was sworn to must be confirmed by the administering officer by signing his name, or his initials, in the margin beside them.

[Confirmation]

If the affidavit is not legible or is difficult to read, or if in the opinion of the person required to administer the oath it is written in a manner that facilitates fraudulent alteration, that person may refuse to administer the oath and may request that the affidavit be rewritten.

[Legible]

432 Book of Laws 18 3 Iyar 5731 28.04.1971

Signature of Deponent

The deponent shall sign the affidavit at the time of the oath, and if he is unable to write, he shall affix his mark thereto in the presence of the administering officer.

Immediately following the end of an affidavit and at the foot of the page there shall appear the jurat, written without interlineations, alterations, erasures, or obliterations, and signed by the administering officer; the jurat shall set out —

Where several deponents join in taking an oath on one affidavit, the names of all of them shall be written in the jurat and it shall be set out that each of them swore to the truth of the matters stated by him in the affidavit.

The administering officer shall not permit an alteration in an affidavit without a fresh oath being taken thereon, and if a jurat has already been added to the affidavit, he shall add thereto a new jurat specifying the alteration; he may also decline to permit a new oath and instead require that the affidavit be rewritten from the beginning.

A person making an affidavit under oath shall use language to the following effect:

"I swear by God that this is my name and this is my signature (or: my mark) (and the person taking the oath shall point to his signature or mark), and that the contents of this my affidavit (or of the other document, as the case may be) are true."

A person making an affidavit by solemn affirmation shall use language to the following effect:

"I solemnly affirm that this is my name and this is my signature (or: my mark) (and the declarant shall point to his signature or mark), and that the contents of this my affidavit are true."

And if the affidavit was by declaration neither under oath nor by solemn affirmation, the following words shall be added:

"I make this declaration in the sincere belief that it is true."

Yaakov S. Shapira

Minister of Justice

433 Book of Laws 18 3 Iyar 5731 28.04.1971

Comparison Table

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25(11)

59(a)

First Schedule

Title

59(b)

18(1)

18(2)

23a

23b

23c

Oaths Ordinance, 1936:

Title

37(1)

37(2)

Evidence Ordinance:

3 opening clause

3 condition opening clause

3 condition closing clause

4 opening clause

4 closing clause

5a(a), (b)

5a(c)

5a(d), (d.)

4f a

4f b

4f c

14d

14e

14f

434 Book of Laws 18 3 Iyar 5731 28.04