Founding affidavit
The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.
Definition
A founding affidavit is usually central to motion proceedings. It should explain who the parties are, what order is requested, the facts relied on, urgency where relevant, annexures, legal basis, and why the court can grant the relief. Weak or missing facts can be difficult to fix later.
Key takeaways
The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.
Civil Procedure
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Court application
Urgent interdict
Review application
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
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What does Founding affidavit mean?
The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.
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