When is an affidavit required instead of a witness statement?

Since the Civil Procedure Rules came into force in 1999, witness statements have largely replaced affidavits in civil proceedings. However, Practice Direction 32A paragraph 1.4 specifies that affidavits are still required for certain applications, including applications for search orders (formerly Anton Piller orders), freezing injunctions (formerly Mareva injunctions), and contested probate proceedings. Some statutes also specifically require evidence to be given by affidavit.

What is the penalty for making a false affidavit?

Making a false statement in an affidavit constitutes perjury under section 1 of the Perjury Act 1911, which carries a maximum sentence of seven years' imprisonment. This is significantly more serious than making a false statutory declaration (maximum two years). The court may also impose costs sanctions and strike out the proceedings.

What is the difference between swearing and affirming?

Swearing an oath involves making a statement on a holy book (typically the Bible, Quran, or other religious text). Affirming is a non-religious alternative where the deponent simply states that the contents are true. Under the Oaths Act 1978, an affirmation has the same legal effect as an oath, and the same penalties apply for false statements.

Who can administer the oath for an affidavit?

An oath can be administered by a practising solicitor (who must not be acting for any party in the proceedings), a commissioner for oaths, a notary public, or a court official authorised to administer oaths. The fee for administering an oath is set by statutory instrument and is currently £5 for the affidavit and £2 for each exhibit.

What are exhibits and how should they be labelled?

Exhibits are documents referred to in the affidavit that are attached to it as supporting evidence. Under Practice Direction 32A, each exhibit must be identified by the deponent's initials and a number (e.g., MC-1, MC-2). Each exhibit must have a front page (an exhibit certificate) that is signed by the person administering the oath.

Can I use an affidavit for non-court purposes?

Yes, although for non-court purposes a statutory declaration is usually more appropriate and simpler. Affidavits may be required for certain non-court purposes, such as applications to foreign embassies or for use in overseas legal proceedings. If in doubt, check with the organisation requesting the document.

Free Affidavit Template (England and Wales)

An affidavit is a written statement of fact confirmed by the oath or affirmation of the person making it (the deponent).

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case-details

Court Name (if for court use)

Case Number (if applicable)

Personal Information

Deponent's Full Name*

Deponent's Address*

Occupation*

Declaration

Oath or Affirmation*

Statement (use numbered paragraphs)*

Each paragraph should be numbered. State only facts within your personal knowledge unless identified as information and belief.

Exhibits are attached to this affidavit

execution

Date*

Sworn/Affirmed Before (name of person administering oath)*

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do solemnly and sincerely affirm[else]make oath and say{{/if}} as follows: [statementParagraphs] Affirmed at ___________________________ on this [date] before me: ___________________________ [swornBefore] A Solicitor / Commissioner for Oaths [Jurat]

Important Notes

Legal Disclaimer

This affidavit must comply with Part 32 of the Civil Procedure Rules 1998 and Practice Direction 32A. Under CPR 32.15, an affidavit must be sworn before a person authorised to administer oaths — typically a solicitor (who is not acting for any party in the proceedings), a commissioner for oaths, or an officer of the court. Practice Direction 32A paragraph 3 sets out the formal requirements for affidavits, including that they must be in the deponent's own words, in the first person, and that each page must be signed. Making a false statement in an affidavit constitutes perjury under the Perjury Act 1911 (section 1), punishable by up to seven years' imprisonment. Since the CPR reforms, witness statements have replaced affidavits for most civil proceedings, but affidavits remain required for certain applications including search orders, freezing injunctions, and applications under section 25 of the Civil Jurisdiction and Judgments Act 1982.

This template is provided for informational purposes only and does not constitute legal advice. For complex legal matters, we recommend consulting a qualified solicitor.

Frequently Asked Questions

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Statutory Declaration Statutory Declaration of Name Change Deed Poll (Name Change)