Out Of State Affidavit Template for England and Wales
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What is a Out Of State Affidavit?
An out-of-state affidavit in the England and Wales context is a sworn written statement made before an authorised officer outside the jurisdiction, intended for use in proceedings or official processes within England and Wales. It must comply with the requirements of the Oaths Act 1978 and the Civil Procedure Rules, and will often require authentication by apostille under the Hague Convention 1961. Courts require strict adherence to form, as false statements on oath constitute perjury under the Perjury Act 1911.
Frequently Asked Questions
What is an out-of-state affidavit used for in England and Wales?
In England and Wales, this term typically refers to an affidavit sworn outside the jurisdiction for use in proceedings here. It may also describe a sworn statement confirming facts relevant to a matter in another jurisdiction. Courts and government bodies may require the affidavit to be authenticated by apostille under the Hague Convention 1961 for cross-border use.
Who can administer an oath for an affidavit sworn outside England and Wales?
An affidavit sworn abroad for use in England and Wales must be taken before a notary public, a British consular officer, or any person authorised to administer oaths in the country where it is sworn. The Oaths Act 1978 and the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 provide the relevant legal basis for accepting such evidence.
Does an affidavit sworn outside England and Wales need an apostille?
If the affidavit is sworn in a country that is a signatory to the Hague Apostille Convention 1961, an apostille issued by the competent authority of that country confirms the authenticity of the notarial or consular seal. Courts and official bodies in England and Wales will generally accept an apostilled affidavit without further legalisation.
What format must an affidavit take for use in civil proceedings here?
Under CPR Part 32 and Practice Direction 32, an affidavit must be headed with the case title and reference, state the deponent's full name and address, be divided into numbered paragraphs, and include a jurat recording where, when, and before whom it was sworn. Documents referred to should be exhibited and identified by a reference mark.
Can an affidavit sworn abroad be used in family or probate proceedings?
Yes. Affidavits sworn outside England and Wales are regularly used in family proceedings and non-contentious probate applications. For probate, a foreign sworn affidavit confirming identity or the content of a foreign will may be required, often with a certified translation if the original is not in English.
What are the consequences of making a false statement in an affidavit?
Making a false statement knowingly in a sworn affidavit is perjury under the Perjury Act 1911, which carries a maximum sentence of seven years' imprisonment. Courts treat false affidavit evidence seriously, and a finding of deliberate untruth in civil proceedings may result in striking out a party's case, cost penalties, or referral to the Crown Prosecution Service.
Is an affidavit the same as a witness statement in England and Wales?
No. A witness statement is the standard form of written evidence in civil proceedings under CPR Part 32 and carries a statement of truth rather than an oath. An affidavit is sworn before an authorised person and is specifically required for certain applications, such as freezing injunctions, contempt proceedings, and some insolvency applications.
How should exhibits to an affidavit sworn abroad be handled?
Each exhibit should be identified in the body of the affidavit by a reference mark, such as 'Exhibit AB1', and should bear a certificate signed by the person before whom the affidavit is sworn confirming the document is the exhibit referred to. Certified translations must accompany any exhibit not in English.
About the Out Of State Affidavit
An Out Of State Affidavit serves as your legally binding sworn statement when you need to provide testimony or evidence for proceedings in a different state from where you currently reside. Under United States federal law, specifically 28 U.S.C. § 1746, these documents carry the same legal weight as in-person testimony and are admissible across all state jurisdictions through the Full Faith and Credit Clause of the Constitution.
When do you need this document?
You'll need an Out Of State Affidavit when legal proceedings, property transactions, or official matters require your sworn testimony but traveling to appear in person isn't practical or possible. Common situations include providing witness testimony for court cases, verifying property ownership for real estate transactions, confirming educational credentials for licensing applications, or supporting family law proceedings like custody cases. Insurance claims, estate settlements, and business disputes frequently require these affidavits when key witnesses or parties reside in different states from where the matter is being handled.
Key legal considerations
Your affidavit must include specific elements to ensure legal validity and acceptance across state lines. The document requires your full legal name, current address, and a clear declaration that you're making the statement under penalty of perjury. The subject matter must be factual, specific, and within your personal knowledge—you cannot swear to information you've only heard from others. Proper notarization is critical, as the notary public verifies your identity and witnesses your signature. Be aware that false statements in an affidavit constitute perjury, a federal crime punishable by fines and imprisonment. The receiving state may have specific formatting requirements, so verify local rules before finalizing your document.
Legal requirements in United States
Federal law under 28 U.S.C. § 1746 governs the basic framework for out-of-state affidavits, but you must also comply with state-specific requirements in both your current state and the destination state. Your current state's notary laws determine the notarization process, including required identification, witness requirements, and notary seal specifications. The destination state may impose additional formatting standards, specific language requirements, or certification procedures. Some states require apostille certification for out-of-state documents, while others accept standard notarization. Federal Rules of Evidence govern admissibility in federal court proceedings, requiring that your affidavit meet authenticity and reliability standards. Always verify the specific requirements of both jurisdictions before executing your affidavit to ensure acceptance and avoid delays in your legal proceedings.
GOVERNING LAW
Applicable law
This Out Of State Affidavit is drafted to comply with England and Wales law. Key legislation includes:
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