The Common Law Affidavit is a crucial legal document in Malta's mixed legal system, where civil law traditions meet common law influences. This document is used when formal sworn statements are required for legal proceedings, administrative procedures, or official declarations. It must be executed in compliance with Malta's Code of Organization and Civil Procedure and the Commissioners for Oaths Act, among other relevant legislation. The affidavit can serve multiple purposes, including court submissions, property transactions, corporate matters, or personal declarations. It requires careful preparation to ensure accuracy and completeness, as false statements can lead to serious legal consequences under Maltese law. The document must be sworn or affirmed before an authorized official and may need to meet additional requirements if intended for use in international contexts.
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1. Title and Reference: Formal heading identifying the document as an affidavit, including any court reference numbers if applicable
2. Deponent Information: Full legal name, address, occupation, and any other relevant identifying information of the person making the affidavit
3. Preliminary Declaration: Formal declaration stating that the deponent is of legal age and competent to make the affidavit
4. Basis of Knowledge: Statement explaining how the deponent has knowledge of the facts being sworn to
5. Statement of Facts: Clear, numbered paragraphs containing the facts being sworn to, in chronological or logical order
6. Exhibit References: Clear references to any attached exhibits, properly labeled and authenticated
7. Truth Declaration: Formal declaration that the contents are true to the best of the deponent's knowledge and belief
8. Jurat: Formal closing section stating when and where the affidavit was sworn, and before whom
1. Legal Submissions: Used when the affidavit is part of legal proceedings and includes references to legal arguments or submissions
2. Expert Qualifications: Required when the affidavit is providing expert testimony, detailing the deponent's qualifications and expertise
3. Translation Certificate: Required when the affidavit is being translated or when attached documents are in a different language
4. Corporate Authority: Required when the deponent is swearing on behalf of a corporate entity, establishing their authority to do so
5. Supplementary Declarations: Additional declarations required for specific purposes (e.g., bankruptcy proceedings, property matters)
1. Exhibit A: Primary supporting documents referenced in the affidavit, properly authenticated and labeled
2. Exhibit B: Secondary supporting documents referenced in the affidavit, properly authenticated and labeled
3. Certificate of Authentication: Official certification of any public documents attached as exhibits
4. Translation Annexure: Certified translations of any documents not in English or Maltese
5. Index of Exhibits: Required when there are multiple exhibits, providing a clear list and description of all attached documents
Relevant legal definitions
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Financial Services
Real Estate
Banking
Insurance
Healthcare
Education
Manufacturing
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Shipping and Maritime
Public Administration
Corporate Services
Import/Export
Professional Services
Non-Profit Organizations
Relevant Teams
Legal
Compliance
Corporate Secretariat
Risk Management
Human Resources
Administrative Services
Regulatory Affairs
Operations
Corporate Governance
Document Management
Relevant Roles
Legal Counsel
Corporate Secretary
Compliance Officer
Risk Manager
Human Resources Director
Property Manager
Court Administrator
Notary Public
Commissioner for Oaths
Legal Administrator
Corporate Director
Chief Legal Officer
Regulatory Affairs Manager
Document Controller
Administrative Officer
Legal Operations Manager
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