An Affidavit Letter is a crucial legal document used in Malta when a formal sworn statement is required for official or legal purposes. It is governed by Maltese law, particularly the Code of Organization and Civil Procedure (Cap. 12) and the Commissioners for Oaths Act. This document type is employed when individuals need to formally declare facts or circumstances under oath, whether for court proceedings, administrative matters, or other official purposes. The Affidavit Letter must be executed before a Commissioner for Oaths or other authorized official, and making false statements in an affidavit can result in criminal penalties under Maltese law. Common uses include court testimonies, property matters, inheritance issues, and administrative proceedings where sworn statements are required.
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1. Title and Court Reference: Clear identification of the document as an Affidavit and any relevant court reference numbers if applicable
2. Deponent Information: Full legal name, identification number, occupation, and address of the person making the sworn statement
3. Opening Declaration: Standard opening statement declaring that the deponent is swearing under oath
4. Statement of Truth: Declaration that the contents are true to the best of the deponent's knowledge and belief
5. Core Statement: The main body of the affidavit, with numbered paragraphs containing the facts being sworn to
6. Execution Block: Place for signature, date, and Commissioner for Oaths' attestation
1. Preliminary Statement: Used when context needs to be established before the main declarations
2. Basis of Knowledge: Required when the deponent needs to establish how they came to know the facts they're testifying about
3. Reference to Legal Proceedings: Included when the affidavit relates to ongoing court proceedings
4. Language Declaration: Required when the deponent is not fluent in the language of the affidavit and needs a translator
5. Reservation of Rights: Used when the deponent needs to reserve the right to add or modify statements later
1. Exhibit List: Index of all documents attached as exhibits to the affidavit
2. Documentary Exhibits: Copies of relevant documents referenced in the affidavit, marked as Exhibit A, B, C, etc.
3. Translations: Official translations of any documents not in English or Maltese, if applicable
4. Certificate of Translation: When translations are included, certification from qualified translator confirming accuracy
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