What's the difference between a Statutory Declaration and an Affidavit?

[palomino]

Can some-one help a layman please ...

 

Both of these appear to be a statement of facts, and a statement as to the truthfulness of those facts.

 

But there must be more to this.

[Rooster-UK]

The basic difference is.....

 

Affidavit - A written statement made upon oath or affirmation and signed in the presence of a person who is authorised to administer oaths (normally a solicitor).

 

 

Statement of Truth - All statements of case, witness statements and applications to the court must contain a statement by the parties that they believe the facts they have set out to be true.

 

Hope this is of help.

 

Regards, Rooster.

[Ell-enn]

Affidavits, along with witness statements are a form of written evidence of a person created for the purpose adducing evidence in litigation. They are documents which attest to facts by a witness in litigation.

It is a sworn statement of evidence made before a solicitor or a commissioner of oaths other authorised person swearing that the contents of the document are true and correct to the best of the knowledge of the declarant.

Affidavits must be used as evidence where sworn evidence is required by an enactment, rule, order or practice direction; in any application for a search order, a freezing injunction, or an order requiring an occupier to permit another to enter his land, and in any application for an order against anyone for alleged contempt of court.

Knowingly making a false affidavit is a contempt of court.

 

 

A statutory declaration is a legal document usually required by Courts and Home Office Immigration & Nationality directorate and for Car Parking Ticket Appeals and must comply with the provisions of the Statutory Declarations Act 1835 (England).

A statutory declaration is a legal declaration given and signed in front of someone who is duly authorised by the Court, such as a solicitor, commissioner for oaths, notary public, justice of the peace. Therefore, you cannot sign this document at home and then take it with you to the solicitor etc. You must only sign it in their presence. You should also take suitable identification, such as passport or driving licence, with you and expect that it will be copied for their records.

A statutory declaration is made by the declarant as if given verbally under oath and accordingly anyone who makes a false declaration

[palomino]

Neither of these actually apply to me at the moment - I'm just curious.

 

The issue of Statutory Declaration crops up sometimes over in the Bailiffs forum where a vehicle belonging to a person who is not the debtor is levied as though it did belong to the debtor. The advice given is complete a SD and send it to the bailiff involved.

 

As to any differences between a Statutory Declaration and an affidavit, you are suggesting what I originally proposed - that both are statements of facts together with a [sworn] statement of truth. Only the circumstances differ. Or am I oversimplifying matters?

[ThedaBara]

I know this is a very old thread, but it's interesting... do they still use affidavits? Are Witness Staements and affidavits the same thing?

Say you were having problems bringing a witness to court to provide oral evidence, (perhaps you can't afford to pay for their time at a trial), would an affidavit be preferable rather than a witness statement, or would a witness still have to provide oral evidence as well as signing an affidavit/witness statement? TB

Maybe the rules changed in this respect and they no longer use them. TB