ABSTRACT

An affidavit is a sworn1 (written or printed) statement by a deponent, normally drawn by the deponent’s attorney and containing relevant, admissible evidence. Evidence included in an affidavit must correlate with the deponent’s oral testimony given at the trial. Affidavits are also required by Rule 17.3 of the CPR to support applications for interim remedies, such as injunctions; and Rule 11.9(2) provides that any evidence in support of an application for a court order must be contained in an affidavit unless a rule, practice direction or court order provides otherwise. It can thus be seen that affidavits assume a position of major importance under the CPR.