An affidavit is written sworn testimony. It is a statement of fact that allows evidence to be presented to the court.
An affidavit, governed by Order 40 of the Rules of the Superior Courts, is written sworn testimony. It is a statement of fact that allows evidence to be presented to the court. The person who makes the affidavit is referred to as ‘the deponent’. He/she avers to certain matters and swears or affirms that they are true.
The person swearing/affirming the affidavit must confirm that the facts in the affidavit are in his/her own knowledge. The affidavit cannot set out hearsay or assumptions.
Affidavits should be A4 size paper and should be sworn on a sacred text. If ethical or religious reasons prevent swearing on a bible the High Court will accept an affirmation.
Affidavits are sworn or affirmed by a commissioner of oaths, solicitor or an officer empowered to administer oaths.
An affidavit opens with a paragraph in which the deponent states his/her name that he/she is 18 years and over, his/her occupation and his address. It goes on to say that he/she “makes oath and says as follows…”
The jurat, at the end of the affidavit, will record the name of the deponent, where and when the affidavit is sworn or affirmed.
Affidavits are filed by post or in person at the High Court Central Office. To file an affidavit you should check the following:
- Have you attached the correct court stamp duty? - see Supreme Court, Court of Appeal and High Court Fees Order Schedule 1 Part 4 B.
- Is the affidavit in the correct format? - see link to sample above
- Did you include a stamped self-addressed envelope, if filing by post?
- Did you include two copies of the affidavit, which will be returned to you?
- Have you included the filing clause at the bottom of the affidavit? 'Filed on behalf of the plaintiff/defendant, applicant/respondent by ...'
- Have you included the record number on the top right corner of the document - for example, 2014/0000 P or 2013/0000 S?
- Is the jurat completed correctly? - see link to sample above
Order 40 Rules of the Superior Courts sets out the Rules in relation to affidavits.
Exhibits (documents/items referred to in the affidavit) should not be included with the affidavit.
Notice of motion **insert