Witness Affidavit Template for England and Wales

A witness affidavit is a written statement of evidence sworn on oath or by affirmation before an authorised person. The deponent attests to the truth of the facts stated. Witness affidavits are used in specific civil proceedings in England and Wales where the court or applicable rules require sworn evidence rather than a witness statement.

Under CPR Part 32, affidavits are required for search orders, freezing injunctions, and certain applications in the Chancery and Queen's Bench Divisions. Insolvency applications, probate matters, and some family law proceedings also require affidavit evidence. For most civil trials, a witness statement with a statement of truth is sufficient.

A witness affidavit is sworn on oath before an authorised officer and carries a jurat signed by that officer. A witness statement is signed by the witness with a statement of truth but is not sworn. Both carry serious consequences for false statements, but perjury under the Perjury Act 1911 applies specifically to sworn evidence in judicial proceedings.

The affidavit must include the deponent's full name, address, and occupation, the facts stated in numbered paragraphs in first-person, identified exhibits referenced in the body, a jurat recording the date, place, and person before whom it was sworn, and the signatures of both the deponent and the officer administering the oath.

Authorised persons include practising solicitors, commissioners for oaths, notaries public, and authorised court officers. The person administering the oath must not be a party to the proceedings, a solicitor acting for a party in the same matter, or someone with a financial interest in the outcome. Swearing before an unauthorised person makes the affidavit defective.

Each exhibit should be marked with a reference label (for example, 'This is the exhibit marked AB1 referred to in the affidavit of Anna Brown sworn on 1 January 2025') and signed by the person administering the oath. The exhibit label should correspond exactly to the reference used in the body of the affidavit to avoid ambiguity.

Yes. Affidavits sworn abroad for use in England and Wales must be sworn before a British consular officer or a notary public in the country where they are made. Depending on the country, the document may also need to be apostilled under the Hague Apostille Convention or legalised through the relevant embassy before it will be accepted by the English courts.

Yes. GenieAI provides witness affidavit templates that comply with CPR Part 32 and the Oaths Act 1978 form requirements, with correct jurat wording, exhibit labelling instructions, and guidance on execution. Download and complete the template, then have it sworn before an authorised officer without drafting from scratch.