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Preparing an affidavit with attachments

I need to prepare an affidavit which includes a number of attachments. How should these be dealt with?

Documents or things such as physical objects which are referred to in the affidavit are referred to as ‘exhibits’. These are to be kept separate from the affidavit but must be produced at the same time as the affidavit before the commissioner. Such exhibits need to be marked with an identifying initial and number matching that found in the relevant place in the affidavit. Each of the exhibits can be marked as follows:

'This is the (specify attachment/exhibit) marked [initials/number referred to in affidavit] referred to in the annexed affidavit of [name of deponent] sworn/affirmed before me this [day] day of [month] [year] (signature of commissioner).

A [commissioner for oaths] [solicitor empowered to administer oaths]'

In practice this form of words might be written by hand on the attachment/exhibit.

Please see the Law Society publication Execution of Documents (3rd edition) which is available to purchase from the Law Society’s online bookshop.

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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