When I speak to clients and witnesses prior to trial I alway explain how their witness statement has been prepared in lieu of them going into the witness box (well, a lot of the time in the County Court this could very well just be a chair without even a table or desk). They usually are accustomed to (if anything at all) seeing on TV a Crown Court case where the Barrister would conduct the examination in chief with “… and then what happened?”.
Civil litigation practitioners ought to be very familiar with how to prepare a witness statement but there are very rare occasions where an affidavit is required instead of a witness statement. For example, I recently wrote about contempt applications where a Defendant doesn’t comply with a specific performance Order/Judgment. In those circumstances, an application must be supported with an affidavit, not a witness statement (CPR 81.4(1) – requirements of a contempt application).
If you search for ‘Affidavit Template’ then you are most certainly going to find examples from America. Even if you narrow the search to ‘England and Wales’ or ‘County Court’ you will still not be able to find a template. The truth is, that as long as you comply with the requriements of Practice Direction 32, a witness statement or affidavit should be valid.
There is a N285 template online but like with anything, many may wish to have more than one page. This post is about preparing affidavit.
Part 32 – Affidavit Evidence
Part 32.15 clarifies that an affidavit can be opted to used instead of a witness statement if a witness wants but the party cannot recover the additional costs in making the affidavit unless the Court Orders otherwise. Essentially, no reasonable person would undertake the additional steps to prepare an affidavit unless necessary.
Part 32.16 confirms that the affidavit, where needed, must comply with the requirements of Practice Direction 32.
The basics of an affidavit
Practice Direction 32 explains everything that makes an affidavit valid:-
- the Deponent is the person who is giving the evidence by affidavit (PD32 para 2)
- The heading of the affidavit with the title of the proceedings will mirror that of PD7A para 4 and PD20 para 5 (PD32 para 3.1
- In the top right hand corner of the affidavit, akin to a witness statement will include the information of the Party on behalf of which the affidavit is made, the initials and surname of the deponent, the number of the affidavit (1st, 2nd etc.), the indemnification of exhibits referred to and the date the affidavit was sworn (PD32 para 3.2)
- The body of the affidavit will start with ‘I (full name) of (address) state on oath …’, provide the occupation, whether they are party to the proceedings or employed by a party (PD 32 para 4.1).
- Like a witness statement, the deponent must make clear what is from their own knowledge and beliefs (PD 32 para 4.2).
- The deponent must expressly refer to exhibits, stating that ‘there is now shown to me marked [insert description of exhibit] and use relevant numbering system to identify specific exhibits (PD32 para 4.3)
Statement of Truth Jurat
The statement that confirms the authenticty of the affidavit is called a Jurat. There will be two individuals who sign it, the deponent who gave the affidavit and the person who the affidavit was sworn.
5.2 It must:
(1) be signed by all deponents,
(2) be completed and signed by the person before whom the affidavit was sworn whose name and qualification must be printed beneath his signature,
(3) contain the full address of the person before whom the affidavit was sworn, and
(4) follow immediately on from the text and not be put on a separate page.
Format of the affidavit
The format, as per PD32 para 6.1, follows the same as a witness statement.
Using the information in PD32 and N285, I have prepared a template which I think complies with the rules required for an affidavit:-
How to swear the affidavit
The person who swears the affidavit must be independent of a part and the lawyers acting for a party. You cannot delegate this to a lawyer within the law firm even if they are not involved in the case.
I saw a post on a CILEX Facebook group asking for how to undertake the work as a Commissioner of Oath. CILEX Fellows even without practice rights are commission for oaths and therefore can undertake the work. I refer to the guidance provided by CILEX in their practice guidance which is in separate links:-
- Can I administer oaths?
- When can I not administer oaths?
- What precautions should I take when administering oaths or taking statutory declarations?
- What is the usual method for swearing an oath/making an affidavit?
- What is the alternative method for swearing an oath/making an affidavit?
- How should the Attestation Clause be completed?
- What is the fee payable?
- Do I keep the fees?
- Can I administer an oath for a minor?
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.