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When Do You Need An Affidavit


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Written  on 14 February 2014

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.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2014-03-06 00:00:00 in Legal Articles

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