When Do You Need An Affidavit?
Written by Muhammed Poswall on 14 February 2014« Return to Reading Room
An affidavit is a written statement of evidence which is sworn before a person authorised to administer affidavits such as a solicitor. Affidavits are not mandatory but any evidence must be given in the form of an affidavit at an interim hearing if:
- it is ordered by the court;
- required under the CPR or any practice direction;
- the hearing relates to an application for a freezing order or search order; or
- the hearing relates to an application for contempt of court.
A person who gives evidence by affidavit or affirmation is referred to as a deponent and the statement at the end of the document which authenticates the affidavit is called the jurat. Practice Direction 32 paragraphs 2 to 10 set out the requirements for an affidavit. In particular the body of the affidavit and format should:
- be written in the first person and deponent’s own words;
- commence ‘I (full name) of (address) state on oath,....’;
- give the address at which he works;
- give his occupation or, if he has none, his description;
- state if he is a party to the proceedings or employed by a party to the proceedings;
- which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief;
- state the source for any matters of information or belief;
- refers to an exhibit or exhibits, by stating ‘there is now shown to me marked ‘…’ the (description of exhibit)’;
- be produced on durable quality A4 paper with a 3.5cm margin;
- be fully legible and should normally be typed on one side of the paper only;
- be bound securely in a manner which would not hamper filing;
- have the pages numbered consecutively as a separate document;
- be divided into numbered paragraphs;
- have all numbers, including dates, expressed in figures;
- give the reference to any document or documents mentioned either in the margin or in bold text in the body of the affidavit; and
- be in chronological sequence of events or matters dealt with.
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