Affidavits: Q & As

What is an affidavit?

An affidavit is a written statement from someone which has been sworn to be true. Affidavits, along with witness statements, are documents which are used to prove a person's statement of evidence in court.

If someone knowingly makes a false affidavit, then they are in contempt of court.

When do I use an affidavit?

The common areas in law when you need to use an affidavit include divorce, property disputes and debt cases, but you could use an affidavit in any type of dispute. You will know that you have to make an affidavit because the court rules will say that you have to.

How do I complete an affidavit?

When you are filling in an affidavit, you should write down your account of the facts/the events as they actually happened. Use plain English and don't use legal jargon. Also, don't make personal comments about the other party.

If you are writing the form by hand, it's advisable to use capitals - to make sure that the judge can read your writing.

Does the affidavit need to be witnessed?

If you are making an affidavit, it usually must be signed in front of a solicitor, or a notary public, or other judicial officer, who has administered the oath.

If you are using a solicitor, they are entitled to charge a fee for swearing the affidavit, but if you swear the documents at court, there is no charge. However, County Courts cannot swear affidavits that are connected to cases brought in the High Court.

Where can I get an affidavit form?

You can download an Affidavit Form now from our site and it's ready to be used immediately. The form can be filled in straight away and it has space for your statement, your personal details, and for your witness's signature.

An Affidavit Form is also included in our book 301 Legal Forms, Letters and Agreements, which contains 301 legal forms for practically every home and business need.

Published on: June 9, 2008

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