When Do You Need An Affidavit?

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:

  1. it is ordered by the court;
  2. required under the CPR or any practice direction;
  3. the hearing relates to an application for a freezing order or search order; or
  4. 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:

  1. be written in the first person and deponent’s own words;
  2. commence ‘I (full name) of (address) state on oath,….’;
  3. give the address at which he works;
  4. give his occupation or, if he has none, his description;
  5. state if he is a party to the proceedings or employed by a party to the proceedings;
  6. which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief;
  7. state the source for any matters of information or belief;
  8. refers to an exhibit or exhibits, by stating ‘there is now shown to me marked ‘…’ the (description of exhibit)’;
  9. be produced on durable quality A4 paper with a 3.5cm margin;
  10. be fully legible and should normally be typed on one side of the paper only;
  11. be bound securely in a manner which would not hamper filing;
  12. have the pages numbered consecutively as a separate document;
  13. be divided into numbered paragraphs;
  14. have all numbers, including dates, expressed in figures;
  15. give the reference to any document or documents mentioned either in the margin or in bold text in the body of the affidavit; and
  16. be in chronological sequence of events or matters dealt with.

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