Oaths, affirmations, statutory declarations and certified copies

by Practical Law Dispute Resolution

A practice note providing practical guidance on the law and procedure relating to oaths, affirmations, statutory declarations, and certified copies in England and Wales. This note outlines when to use an affidavit as opposed to a witness statement in civil proceedings, in accordance with the Civil Procedure Rules (CPR). It details the formal requirements for drafting affidavits and affirmations, including the proper format for the jurat and exhibits under Practice Direction 32. Guidance is also provided on who is authorised to act as a Commissioner for Oaths and administer these documents, with an emphasis on their duties and the crucial requirement for independence. Furthermore, this note examines the use of statutory declarations under the Statutory Declarations Act 1835, explaining their preparation and administration. It also includes a section on the certification of copy documents, outlining the process and legal considerations for creating certified copies for official purposes, ensuring practitioners are aware of their responsibilities.