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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11671
Experience:  30 years as a practising solicitor.
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I am a minister of the gospel and I have been asked to write

Resolved Question:

I am a minister of the gospel and I have been asked to write an affidavit in relation to a divorce procedure. I have two questions to ask,
1st. Will both the pursuer and the defender see this affidavit?
2nd. As a minister on ethical grounds could my involvement with an affidavit be turned against me by the defender?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
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Expert:  JGM replied 1 year ago.

1. If the divorce is proceeding as undefended now the defender would not see the affidavit evidence. 2. As you could be cited as a witness were the case to go to proof in a courtroom you couldn't be criticised on ethical grounds as you could be compelled to give evidence by the court. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
I have not been cited by the court but If I go ahead with the affidavit then it would be in support of the pursuer. So could it be the defender then could come against me for any reason?
Expert:  JGM replied 1 year ago.

That was my point. The system provides for affidavit evidence but if that wasn't the case you could be compelled to turn up as a witness. The defender couldn't come against you. You would benefit from privilege as regards ***** ***** and could not be sued for anything you say in the affidavit.

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