The terms “affiant” and “deponent” are often used in relation to an affidavit. In fact, every affidavit must have either an affiant or a deponent.
But what do these words mean and what is the difference between them?
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The words affiant and deponent actually exactly mean the same thing. They are different terms used to refer to the person making an affidavit.
The person making the affidavit is the person whose evidence is written in the affidavit and who swears the oath or makes the affirmation in respect of that affidavit.
There is no difference between a deponent and an affiant. It is just that different countries use different terminology to refer to the same thing.
The term “affiant” is used exclusively in the USA. It would be very unusual to hear an affiant referred to as a “deponent” in North America.
The reverse position is true in most other common law countries. Places such as the United Kingdom, Australia and New Zealand all use the term “deponent” exclusively or near-exclusively.
But in Canada, both the terms “affiant” and “deponent” are in widespread use and are sometimes used interchangeably in the same legal case!
So the truth is that there’s no difference between an affiant and a deponent, but what you call that person all depends on where you are. And if you are in Canada, it seems you can take your pick of either.
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