affidavit

In UK litigation, evidence must be presented to the court orally or in writing. Affidavits, along with witness statements are the permitted forms of adducing written evidence of a person to a court in litigation. These documents allow persons (i.e. witnesses) to attest to facts that are intended to be relied on by the court in determining the rights and liabilities of the parties.

An affidavit is a sworn statement of evidence made before a solicitor or a commissioner of oaths or other authorised person. The deponent swears that the contents of the document are true and correct to the best of his knowledge on oath.  Affidavits commence with the words, "I, [name] of [address], [occupation] , make oath and say as follows: ...".

When properly drafted, this statement is then followed by a series of numbered paragraphs with each of the statements attested to. The jurat appears at the foot of the document, where the person makes their oath, and witnessed by a suitably qualified person.

In modern practice, witness statements have by and large replaced the use of affidavits. Their use is still required to adduce evidence where an affidavit is required by an enactment, rule, order or practice direction. These include applications for search orders, freezing injunctions, orders requiring an occupier to permit another to enter land, and in any application for an order against anyone for alleged contempt of court.

Knowingly making a false affidavit is a contempt of court.

[Latin: he has sworn or stated on oath]

Usage: An affidavit was sworn by the claimant to set out the grounds for seeking a freezing order in the litigation.

Related Words: witness statement; statement of case; application notice; freezing order; anton pillar order; statement of case; perjury; litigation; jurat; deponent; contempt of court.