AFFIDAVIT OF WITNESS
Affidavits must be signed in front of a witness who is an «<authorized
person». An authorized person includes a Justice of the Peace (JP), a
solicitor or barrister. After witnessing your signature, the witness must
also sign your affidavit.
The presence of a witness, especially one with legal authority, helps to
ensure the authenticity and reliability of the information presented in the
affidavit. It adds a level of formality and credibility to the document,
making it more acceptable as evidence in legal proceedings.
It's important to note that the specific requirements for affidavits,
including who can act as a witness, may vary depending on jurisdiction.
It's advisable to check the local laws and regulations to ensure
compliance with the specific requirements of the relevant legal system.
SEARCH WARRANT
A search warrant is an order in writing, issued in the name of the People
of the Philippine Islands, signed by a judge or a justice of the peace, and
directed to a peace officer, commanding him to search for personal
property and bring it before the court.
If they find the things they're looking for, they have to bring them to
court. It's like showing evidence to the judge.
In simpler terms, a search warrant is a legal way for the police to search
for and take certain things, but they have to follow the rules and show
what they find to the judge after the sieze and seizure.
Affidavit of Desistance
An Affidavit of Desistance is a written statement under oath by the
complainant stating that he's no longer interested in pursuing the
complaint or criminal case against another person. The complainant will
no longer assist in prosecuting the other person by not giving either
evidence or testimony.
An Affidavit of Desistance is like a formal letter from the person who
made a complaint. In this letter, they swear that they no longer want to
continue with their complaint or the case against someone else. It's a
way of saying, "I don't want to be part of this anymore."
In simpler terms, an Affidavit of Desistance is a formal way of saying, "I
don't want to pursue this complaint or case anymore," and promising not
to help in court against the other person. It's like officially deciding to let
things go.
REPLY AFFIDAVIT
An affidavit in reply can be defined as an affidavit served in court
proceedings in which a deponent responds to another party's evidence
where that party's evidence was itself in response to evidence served by
the party serving the reply affidavit.
A Reply Affidavit is like a written response in a legal situation. Imagine
it as a letter that you write to answer someone else's letter, but in the
legal world.
So, a Reply Affidavit is a way for one side in a legal situation to reply to
the evidence presented by the other side. It's like taking turns in a
conversation, but in a formal and legal way.
REJOINDER AFFIDAVIT
Rejoinder Affidavit is the response by the petitioner to the counter
affidavit filed by the respondent. Rejoinder affidavit may include
response to response to the new facts raised through the affidavit filed by
the respondent. The Rejoinder is reply to the Counter Filed by the
Opposite party. The Pleadings of Petitioner or plaintiff are already filed
and the opposite party filed counter affidavit or Written Statement with
new fats which are not correct according to Petitioner or Plaintiff, in
reply to the Counter of Respondent the petitioner can file rejoinder
denying the new facts which are not mentioned in the Petition or
Complaint.
For the new facts, the complainant will file an additional statement, with
support of an affidavit. First show the reason to the court that why the
petitioner is filing additional statement and then take the order from the
court for filling it."
The other party, the respondent, then responds with their own document
called a "Counter Affidavit". However, in their response, they bring up
some new information that you believe is not accurate.
In response to this, you have the right to reply. This reply is called a
"Rejoinder Affidavit." In the Rejoinder, you address and deny the new
information presented by the other party in their Counter Affidavit.
Now, if the other party introduces even more new facts that were not
part of the original discussion, you can file an "additional statement"
along with an affidavit to support your side. Before doing this, you need
to explain to the court why you're adding more information and ask for
the court's permission to include it.
In simpler terms, it's like having a back-and-forth conversation in
writing with the other party through official court documents, and the
Rejoinder is your way of saying, "I disagree with what they said, and
here's why." If they bring up even more stuff later on, you have to get
permission from the court to respond to that too.
Difference
Affidavit: An affidavit is a written statement of facts that is sworn or
affirmed to be true. It is typically used as evidence in court proceedings.
Affidavits are often used to present information or evidence to support a
legal case. They are usually written by individuals with personal
knowledge of the facts and are signed under oath.
Complaint: A complaint, on the other hand, is a formal legal document
that initiates a lawsuit. It outlines the plaintiff's claims against the
defendant and explains the basis for the lawsuit. A complaint is filed
with the court to commence legal proceedings.
COUNTER AFFIDAVIT
An affidavit made in opposition to one already made; this is allowed in
the preliminary examination of some cases.
Counter-affidavit: A counter-affidavit is a written response to an
affidavit submitted by the opposing party. It is used to challenge or rebut
the facts or evidence presented in the initial affidavit. Counter-affidavits
are often filed in response to motions, requests for summary judgment,
or other legal actions where affidavits are submitted as evidence.
Answer to a complaint: An answer to a complaint is a formal response
to the allegations made in the complaint that initiated the lawsuit. It is
the defendant's opportunity to admit or deny each allegation and to assert
any affirmative defenses. The answer sets the stage for the legal process
by framing the issues in dispute.
AFFIDAVIT OF DENIAL FOR NBI CLEARANCE
An affidavit of denial may be submitted to clear one's name when there
are other records bearing the same name with pending case or
derogatory information.
AFFIDAVIT OF UNDERTAKING
It is the main way you present evidence (facts of the case) to a court. It
must be sworn, or affirmed, by signing and should be duly attested/
affirmed
An Affidavit of Undertaking is a written promise made under oath,
where you're telling the court important facts related to a case. By
swearing or affirming, and having it attested by a legal official, you're
showing that you're serious and honest about what you're saying. It's a
formal way of presenting evidence and is considered trustworthy by the
court.
AFFIDAVIT OF LOSS
An affidavit of loss is a document declaring the loss of a security usually
through theft or destruction. The affidavit contains all the details
regarding the loss, such as the owner's name and any information
pertaining to the security. That information may include a serial number
or the security's date of issue.
An Affidavit of Loss contains the following essential parts:
1. Title of the document
2. Your name, statement that you are of legal age, civil status,
citizenship, and residence address.
3. A narration of the circumstances of the loss, which includes (i)
description of the item or document lost; (ii) description of how it got
lost; (iii) the effort exerted to find it; and (iv) your request for a
replacement of the item or document lost.
4. The signature of the affiant. Affiant is the person executing/signing
the document.
5. The jurat. The jurat is the oath or affirmation before the notary public
that you have personally executed the document in the presence of the
notary.
DEPOSITION OF WITNESS
Part of a pretrial process includes getting statements from individuals
who are likely to be called to testify in court. Depositions are intended
primarily to find out what the other side knows. Unlike Hollywood
trials, real trials did not permit "surprise evidence". Depositions are
completed during the fact-finding or discovery stage, and information
that is not brought forth during this period typically is inadmissible
during a trial.
Prior to deposing individuals, attorneys from the plaintiffs will typically
submit interrogatories or written questions to the defendants. The
exchange between the plaintiffs in the defense may be ongoing for an
extended period of time as information is obtained. During this
questioning, it's quite often to ask names of those who have specific
knowledge regarding the plaintiff's case. These individuals are to be
identified as accurately as possible by the defense. If the defense intends
to use expert witnesses, an affidavit describing the opinion of the expert
is to be provided as part of the discovery process. This affidavit usually
serves as the basis for beginning depositions of the experts
In simpler terms, a deposition is like a formal interview before a trial
where both sides try to learn as much as possible about what the
witnesses know, and this information is crucial for building their cases.
MOTION FOR RECONSIDERATION
A motion for reconsideration is a prime opportunity to seek relief from a
Court Order. A motion for reconsideration is an application to the Court
requesting that the Court alter or amend a judgment or order, and it must
be served no later than twenty (20) days after the order has been served
on all parties.
NOTICE OF APPEAL.
The notice of appeal shall indicate the parties to the appeal, specify the
judgment or final order or part thereof appealed from, specify the court
to which the appeal is being taken, and state the material dates showing
the timeliness of the appeal.
Motion for Reconsideration:
Purpose: It's like asking the court to change or correct a decision it has
already made.
When: You can file it within twenty days after the court has issued its
decision.
What it does: It seeks relief from a court order by requesting the court
to alter or amend its judgment or order.
Notice of Appeal:
Purpose: It's a way of saying you disagree with the court's final decision,
and you want a higher court to review it.
When: You file it after the court has issued its final judgment or order.
What it does: It officially informs the court and other parties that you
intend to appeal, specifying the judgment or order you're appealing, the
court you're appealing to, and demonstrating that your appeal is timely.
In essence, a motion for reconsideration is like asking the same court to
rethink its decision, while a notice of appeal is a step taken when you
want a higher court to review and possibly change the decision made by
the lower court.
COMMITMENT ORDER
A written order of the court, or any agency authorized by law to issue,
entrusting an inmate to a jail for the purpose of safekeeping during the
pendency of his/her case.
AFFIDAVIT OF HEIRSHIP
An Affidavit of Heirship is a legal document used to declare the legal
heir of someone who died without a will. An Affidavit of Heirship
makes it possible for the deceased's assets to be transferred to the
rightful heir.
To ensure no one takes advantage of the deceased's death, an Heirship
Affidavit must be signed by two witnesses who have no interest or stake
in the matter.