(By rule 81.4(1), unless and to the extent that the court directs otherwise every contempt application must be supported by written evidence given by affidavit or affirmation.).ġ.5 If a party believes that sworn evidence is required by a court in another jurisdiction for any purpose connected with the proceedings, he may apply to the court for a direction that evidence shall be given only by affidavit on any pre-trial applications.ġ.6 The court may give a direction under rule 32.15 that evidence shall be given by affidavit instead of or in addition to a witness statement or statement of case: (2) in any application for a search order, a freezing injunction, or an order requiring an occupier to permit another to enter his land. (1) where sworn evidence is required by an enactment 5, rule, order or practice direction, and (For information regarding evidence by deposition see Part 34 and Practice Direction 34A.)ġ.4 Affidavits must be used as evidence in the following instances: However a witness may give evidence by affidavit if he wishes to do so 2 (and see paragraph 1.4 below).ġ.3 Statements of case (see paragraph 26 onwards) and application notices 3 may also be used as evidence provided that their contents have been verified by a statement of truth 4.
#Affidavit witness statement trial
Who may administer oaths and take affidavitsĭefects in affidavits, witness statements and exhibitsġ.1 Rule 32.2 sets out how evidence is to be given and facts are to be proved.ġ.2 Evidence at a hearing other than the trial should normally be given by witness statement 1 (see paragraph 17 onwards). Inability of Deponent to read or sign affidavit
This Practice Direction supplements CPR Part 32Ĭontents of this Practice Direction Title
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