Facilegis – Legal Forms and Templates
Facilegis – Legal Forms and Templates
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Answering and Replying affidavits

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Answering and Replying affidavits

Answering affidavit

The Respondent has the right to answer the allegations in the Applicant’s founding affidavit. This is done by way of the Respondent’s answering affidavit (aka opposing affidavit) that is made by the Respondent personally, or duly authorised person if the Respondent is not a natural person, and it is filed together with any other witness’ affidavits and served on the Applicant.

The same principles for affidavits applying to the Applicant’s founding affidavit also apply to the Respondent’s answering affidavit.

The Respondent deals with the allegations in the Applicant’s founding affidavit in a way similar to the Defendant’s plea in action proceedings. The Respondent may –

  • Admit the allegations: “I admit the allegations in paragraphs 1, 2 and 3.”
  • Deny the allegations: “I deny the allegations in paragraph 3 and the first sentence of paragraph 4.” The Respondent may give an explanation for his or her denial.
  • State that he or she does not know whether a particular allegation is true or not and on that basis place it in issue: “I do not know whether the allegations in paragraph 6 of the Applicant’s founding affidavit are true or not, and place them in issue.”
  • Add any additional evidence he or she can give regarding the subject matter of the paragraph being dealt with and should include explanations and qualifications of this evidence.

After having dealt with all the allegations in the Applicant’s founding affidavit, the Respondent should end the affidavit by setting out the order asked for, e.g. “I therefore pray that the Honourable Court deny the Applicant’s application and order the Applicant to pay the costs of this application.”

Replying affidavit

The Applicant may deliver a replying affidavit within 10 days of service upon him or her of the Respondent’s answering affidavit. The purpose of the replying affidavit is to put up evidence to refute the case made by the Respondent in his or her answering affidavit.

For more go to Notes on application (motion) proceedings

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