Affidavit

An affidavit is a written statement made voluntarily under oath or affirmation by an individual known as the affiant. It serves as a verified declaration of fact, taken before a person authorised to administer oaths—such as a notary public, solicitor, or commissioner for oaths—and is used as evidence in legal proceedings. By swearing or affirming the contents, the affiant acknowledges that false statements may result in penalties for perjury. Affidavits are widely employed in civil and criminal matters, administrative processes, and various legal transactions where formally attested written evidence is required.

Definition and Core Elements

An affidavit is generally defined as a written statement of fact confirmed by oath or affirmation before an authorised officer. Although no single universal form exists, most affidavits contain several standard components:

• Commencement, identifying the affiant and establishing personal knowledge of the facts.
• Preamble, where required, confirming that the affiant personally appeared before the official administering the oath.
• Attestation or jurat clause, certifying that the statement was made under oath on a specific date.
• Affiant’s signature, accompanied by the signature and seal of the authorised official.
• Caption, in litigation, identifying the court, parties, and relevant proceedings.

Affidavits may also state explicitly that they are made under penalty of perjury. In many jurisdictions, affidavits are used to provide evidence in interlocutory motions, verify pleadings, or establish uncontested facts.

Use and Legal Treatment in Selected Jurisdictions

Australia

Under the ACT Uniform Evidence Legislation, sworn and unsworn evidence are treated with equal weight. Affidavits remain an accepted means of presenting evidence, though the legislation does not give primacy to sworn statements over other forms of testimony.

United Kingdom

Affidavits are used in England and Wales, Scotland, and Northern Ireland. They may be sworn or affirmed before solicitors, notaries, commissioners for oaths, or authorised court staff, generally for a fee. The format follows established practice but may vary depending on the nature of the proceedings.

India

In Indian law, affidavits may be accepted as proof of facts, but they are not regarded as “evidence” within the strict meaning of Section 3 of the Indian Evidence Act. Courts may admit affidavits as evidence only if an order is made for sufficient reason, including ensuring the opposing party’s right to cross-examination. The Supreme Court has held that affidavits ordinarily cannot replace oral testimony unless the court specifically directs otherwise.

Sri Lanka

Under the Oaths Ordinance, affidavits may be submitted before a commissioner for oaths or a justice of the peace, except in court-martial proceedings. They are used extensively in civil and administrative matters.

Ireland

Irish practice largely mirrors that of England and Wales. The person making the affidavit—the deponent—signs before a commissioner for oaths or solicitor. Affidavits may be sworn or affirmed, depending on the deponent’s beliefs. Since 2020, new legislation allows a “statement of truth” to replace affidavits and statutory declarations when documents are electronically lodged. Breach of such a statement carries substantial penalties, though adoption has been limited.

United States

Affidavits in American law are subject to the rules of evidence, especially the hearsay doctrine. Courts generally avoid admitting affidavits as evidence when the affiant is unavailable for cross-examination over material facts, unless corroborated by other evidence. Affidavits may be used to refresh recollection, support motions, or supplement discovery documents such as interrogatory responses.
If a party is the affiant, the opposing side may seek admission of the affidavit as a statement by a party-opponent under a recognised hearsay exception. Some motions require sworn supporting statements; lawyers may file such affidavits, relying on their status as officers of the court.
Affidavits differ from unsworn declarations under penalty of perjury, authorised in federal courts and many states. These declarations do not require a notary’s jurat but impose legal responsibility through a written statement acknowledging criminal liability for perjury.

International Use and Cross-Border Validity

The legal acceptance of an affidavit varies by jurisdiction. Documents sworn before officials in one country are not automatically recognised elsewhere. To address this, affidavits intended for international use often require an apostille under the Hague Convention. A notarised document bearing the apostille certification is accepted by all Convention signatories without further legalisation.
Affidavits serve numerous functions across legal systems: confirming facts in litigation, supporting administrative applications, attesting to identity or status, and forming part of property or commercial transactions. Despite differences in evidentiary treatment worldwide, the affidavit remains a central instrument of sworn written testimony in modern legal practice.