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 courtÂ
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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