Affidavit

A written statement of evidence confirmed on oath or by affirmation to be the truth.

An affidavit is a written statement of facts or events as they happened, and which has been sworn to be true. They can be used in court to prove a person's statement of evidence.

To make a false affidavit knowingly, means the person is in contempt of court and as such it is punishable by up to two years in prison.

Affidavits are used in any kind of dispute and in divorce proceedings. If a person has to make an affidavit the court will advise them of this.

The affidavit should be completed using every day plain English and should be a true account of the facts, personal comments or remarks should not be included. Sometimes the person completing the affidavit has to use his personal knowledge of something, if this is the case and his personal opinion is expressed in the affidavit, it must be made clear that it is an opinion and not a fact.

The affidavit will need to be witnessed or 'sworn', it can be signed before a solicitor, a barrister, or a notary public or some other judicial officer who has administered the oath. It can be sworn under oath, which is a religious pledge, or affirmed, which is a non religious commitment. County courts are not able to swear affidavits concerned with cases brought in the High court.  Solicitors may charge for swearing the affidavit.

The person making the affidavit is known as the 'affiant'. Any one can make an affidavit as long as they are able to understand the implications of the statement and how serious the statement is. 

 

 

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