Evidence of fact: affidavits

Question 1

When may an affidavit be used?

Answer 1

Witness statements are the main form of evidence of fact, but evidence of fact must be given by affidavit (instead of witness statement) if this is required by the court or rule (e.g. for an application for a search order or freezing order).

Question 2

What is an affidavit?

Answer 2

An affidavit is a written statement of evidence that is sworn before a person authorised to administer affidavits (rather than verified by a statement of truth).

Question 3

What is the person called who gives an affidavit?

Answer 3

Deponent

Question 4

What will a affidavit state in the opening paragraph?

Answer 4

`state on oath’.

Question 5

What is the wording in relation to exhibits in affidavits?

Answer 5

There is now shown to me marked CH2.

Question 6

Does an affidavit have a statement of truth at the end?

Answer 6

No, it has a jurat.

Question 7

What is a jurat?

Answer 7

It is a statement at the end of the document which authenticates the affidavit. It must:

*be signed by all deponents

*be completed and signed by the person before whom the affidavit was sworn (whose name and qualification must be printed underneath)

*contain the full address of the person before whom the affidavit was sworn

*follow immediately on from the text and not be put on a separate page.