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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term

Affidavit

A written statement of facts confirmed by the oath or affirmation of the person making it, used as evidence in court proceedings, particularly in applications made without a hearing or without notice to the other side.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

The Civil Procedure Rules' own glossary keeps the definition short and functional: an affidavit is 'A written, sworn statement of evidence.' Because it is sworn (or, if the maker affirms rather than swears an oath, affirmed), an affidavit carries a formality that an ordinary witness statement does not, and lying in one can expose the maker to prosecution for perjury.

Affidavits remain the required form of evidence for some of the most sensitive applications in civil litigation. On an application for a freezing injunction, the rules state plainly that 'An application must be supported by evidence on affidavit or affirmation.' The same evidence has extra work to do where the application is made without notifying the other side: 'Evidence in support of an application made without notice must state the reasons why notice has not been given.' In other words, the affidavit is not just proof of the underlying facts — it is also the vehicle through which the applicant justifies the secrecy of the application itself.

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Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.