An affidavit is a written statement signed by you, the deponent. It is used as evidence of the matters stated in it for two purposes, namely:
(a) at interlocutory proceedings dealing with preliminary matters before the trial of a case; and(b) at the trial of a case, when you are putting forward your evidence-in-chief.
If you are making an affidavit, you should state in it:(a) your residential address and occupation – if you are giving evidence in a professional or business capacity, you may state your office or other work address instead, the position which you hold and the name of your firm or employer; and(b) whether you are a party to the case in which the affidavit is to be used, or whether you are employed by a party to the case.
Your affidavit should generally contain only facts that are within your knowledge. You should take great care before stating in your affidavit matters that you believe in or that others have informed you of, and you should also identify your source of information. Documents and other exhibits that you wish to use in conjunction with your affidavit must be included. Legal arguments should not be included.
You can file your affidavit after you have sworn or affirmed its contents. An affidavit may be rejected for filing if it does not comply with certain formal requirements. These requirements can be found in the Supreme Court Practice Directions.
If the affidavit is to be filed in respect of an eLitigation matter, please proceed to file your affidavit electronically at the LawNet Service Bureau, located at Level 1 of the Supreme Court.
If the affidavit does not concern an eLitigation matter, please proceed to file your affidavit in paper at the Supreme Court’s Legal Registry, located at Level 2 of the Supreme Court.
To swear or affirm the affidavit at the Supreme Court, please proceed to the Cashier’s Counter of the Supreme Court’s Legal Registry, located at Level 2 of the Supreme Court, to pay for the taking of affidavit / exhibits fees before attending at the Commissioners for Oaths Office, located at Level 3 of the Supreme Court, to swear or affirm your affidavit.
There is no need to make an appointment with the Commissioners for Oaths Office, unless you expect that you will require more than 20 minutes. Please have your NRIC or passport with you for verification purposes.
This is because an affidavit is a statement of the truth of its contents and therefore the deponent(s) must swear or affirm the contents.
You should not swear or affirm your affidavit before a Commissioner for Oaths who is also your lawyer, or who belongs to the same law firm or practice as your lawyer. You also should not swear or affirm your affidavit before your spouse.
A statutory declaration is a declaration made pursuant to Part III of the Oaths and Declarations Act (Cap 211).
You may voluntarily make a statutory declaration in relation to any matter. In addition, you may be either authorised or required by law to make a statutory declaration.
A statutory declaration must be in the form set out in the First Schedule of the Oaths and Declarations Act (Cap 211) Act and must be sworn or affirmed alike an affidavit.
It is an offence to make a false statutory declaration. You may face up to 7 years’ imprisonment and a fine if the false declaration was made for the purpose of being used in court proceedings, or up to 3 years’ imprisonment and a fine if the false declaration was made for other purposes.
Every non-English document which is intended for use in court proceedings must be accompanied by an English translation certified by a court interpreter or verified by the affidavit of a person qualified to translate it before it can be used in court.
You may wish to use the translation services for the Chinese, Malay and Indian languages provided by the Supreme Court. Please see the section of the Supreme Court’s website on Translation Services for a full list of the languages for which translation services are available and the applicable fees.