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Form N285 Affidavit UK: Sworn Statement Guide 2025

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Part ofCounty Court Forms UK

Updated June 2026 · England & Wales
An affidavit is a formal written statement where the person making it swears on oath, or affirms, that the contents are true. In England and Wales, Form N285 is the general affidavit format used by the civil courts. Although witness statements have taken over in most civil matters since the Civil Procedure Rules came in, there are still proceedings where an affidavit is specifically required, and getting the wording and execution right really matters. I'm Brad Askew, and on this page I want to walk you through what an affidavit is, when you might need one, and what to bear in mind before you sign in front of a Commissioner for Oaths. If you have a question about your own situation, booking a call with an experienced legal adviser is often the fastest way to get clarity.

What this document is

Form N285 is the template used in the courts of England and Wales for swearing an affidavit. In simple terms, an affidavit is a written statement of facts that the maker, known as the deponent, confirms to be true by taking a religious oath or by making a non-religious affirmation in front of an authorised person.

The oath or affirmation is what separates an affidavit from an ordinary witness statement, and it carries real legal weight. Lying in an affidavit can amount to perjury or contempt of court, both of which are serious offences. Affidavits tend to turn up in family proceedings, probate disputes, some types of enforcement action, insolvency matters such as statutory demands, and certain applications where the court rules or a specific practice direction require sworn evidence rather than a standard statement of truth.

The form itself sets out who is giving the evidence, who they are, and provides the structure for the facts and any exhibits referred to in the document.

How to use this document

  1. Check whether an affidavit is actually required. Most civil evidence now uses a witness statement signed with a statement of truth. Before going through the extra step of swearing an affidavit, confirm the relevant court rules, practice direction, or order in your case specifically calls for sworn evidence on Form N285 rather than a witness statement.
  2. Set out the facts clearly and in order. Write in the first person, using numbered paragraphs, and stick to facts you know personally. If something was told to you by someone else, say so and identify the source. Leave out opinion, argument, and speculation, as the court is only interested in the evidence you can give.
  3. Attach and label any exhibits properly. Documents referred to in the affidavit are called exhibits and each one needs its own reference, such as 'BA1', 'BA2' and so on. Every exhibit should have a front sheet identifying the affidavit it belongs to, and the Commissioner for Oaths will usually endorse each one when you swear the document.
  4. Swear or affirm the affidavit in front of an authorised person. You need to attend in person before a solicitor who is a Commissioner for Oaths, a notary public, or another authorised officer. You will either swear on a holy book or affirm, and the Commissioner will complete the jurat at the end confirming when and where it was sworn.
  5. File the affidavit with the court and serve it on the other parties. Once sworn, lodge the original with the court dealing with your case by the deadline set out in the rules or in any directions order. Copies, including exhibits, normally need to go to every other party within the same timeframe, so keep proof of service.

Common questions

Q What is the difference between an affidavit and a witness statement?
Both contain written evidence, but an affidavit is sworn on oath or affirmed in front of a Commissioner for Oaths, while a witness statement is simply signed with a statement of truth. Since the Civil Procedure Rules came in, witness statements are the default in most civil cases. Affidavits are reserved for situations where the rules, a practice direction, or a court order specifically require sworn evidence.
Q Who can witness an affidavit in England and Wales?
An affidavit must be sworn or affirmed in front of an authorised person. This usually means a practising solicitor who is a Commissioner for Oaths, a notary public, a legal executive with the right authorisation, or a court officer permitted to take oaths. The person witnessing cannot be a party to the proceedings or closely connected to them, as they must be independent.
Q Is there a fee for swearing an affidavit?
Yes, the person taking your oath or affirmation will typically charge a fee for the signature itself and a further amount for each exhibit referred to. These fees are set by statute and can change, so check gov.uk or ask the solicitor or notary in advance. Court filing fees may also apply depending on the type of application the affidavit supports.
Q What happens if I make a false statement in an affidavit?
Deliberately lying in an affidavit is a very serious matter. It can amount to contempt of court and, in some circumstances, the criminal offence of perjury. Penalties may include a fine, a suspended sentence, or imprisonment, and the court is likely to disregard your evidence. If you realise something in your affidavit is wrong, raise it promptly and consider filing a correcting document.
Q Can I swear an affidavit if I do not follow a religion?
Yes. You do not have to take a religious oath. Anyone is entitled to affirm instead, which is a solemn, non-religious declaration that the contents of the affidavit are true. An affirmation has exactly the same legal effect as an oath, and the Commissioner for Oaths will adjust the wording and the jurat at the end of the document accordingly.
Q Do I need to include exhibits with my affidavit?
Only if you are referring to documents as part of your evidence. Each referenced document should be attached as a labelled exhibit, with a front sheet identifying the affidavit and the exhibit reference. The Commissioner usually signs or stamps each exhibit at the same time as the affidavit. Keep the original exhibits safe, as the court and other parties will need copies.
Q Can someone else swear an affidavit for me?
Generally no, because an affidavit is personal evidence based on what you know. However, where a person lacks mental capacity or is a child, a litigation friend or other authorised representative may be able to provide evidence on their behalf. In corporate matters, a director or authorised officer can swear an affidavit for a company. The specific rules depend on the type of proceedings involved.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.