Can I alter a sworn affidavit?

A member of the public came into the office and asked me to administer an oath. The deponent has returned requesting that two very minor alterations be made to the sworn affidavit. Can I comply with the deponent's request?

Yes, but you must comply with the provisions of paragraph 8 of CPR Practice Direction 32.

This states that any alteration to a sworn affidavit must be initialled by both the deponent and the person before whom the affidavit was originally sworn.

An affidavit that contains an alteration which has not been initialled may be filed or used in evidence only with the permission of the court.

For more information, see Execution of Documents (3rd edition).

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.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

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