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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12300
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

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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?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

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?

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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