Affidavit
Also called: Sworn statement, deposition (US)
A written statement of fact, sworn on oath or affirmed before a solicitor or other authorised person, used in court proceedings.
Definition
An affidavit is a written statement in which the maker ("deponent") swears (or affirms, for those who object to taking an oath) that the contents are true. It must be signed by the deponent in the presence of an authorised witness — usually a solicitor or Commissioner for Oaths — who then administers the oath or affirmation and signs the "jurat" (the attestation clause at the end). Affidavits are used in proceedings where a statement of truth on a witness statement is insufficient — principally insolvency proceedings, some family cases, and applications to enforce foreign judgments. In most civil litigation under the Civil Procedure Rules, an affidavit has been replaced by a witness statement verified by a statement of truth (CPR Part 22). The practical effect is similar — a false statement made in either document with intent to mislead the court constitutes contempt of court — but an affidavit is solemnly sworn before an independent officer, making it marginally more formal. A statutory declaration is a related document, sworn before a solicitor, used for non-contentious purposes (for example, changing a name on a document).
In practice
Check whether your particular court application requires an affidavit or will accept a witness statement. In most CPR proceedings, a witness statement suffices. If an affidavit is required, instruct a solicitor or find a Commissioner for Oaths — solicitors' firms routinely administer oaths for a small fee (around £5–£10 per exhibit). Ensure the jurat records the date and place of swearing and the name of the witness. See the <a href="/glossary/witness" class="body-link">witness glossary entry</a> for the broader evidential context.