The Affidavit Guru

What is a jurat in an affidavit?

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The jurat in an affidavit is the signature panel at the bottom of the text of the affidavit.

A jurat is also sometimes called a “jurat clause,” “jurat certificate,” “jurat form” or “jurat stamp.”

The jurat contains spaces for both the person making the affidavit (known as the affiant) and the witness to place their signatures.

The jurat will also state whether the affidavit was sworn or affirmed, and will contain details of the witness (their name, address and qualification for example notary public) and the date and place that the affidavit was made.

Example jurat clause for an affidavit

This is an example of a jurat clause. It is only an example and should not be relied upon in any particular case. There are many different jurat clauses.

Remember that you must use the correct jurat clause for the jurisdiction and court in which you are making your affidavit.

State of Texas
County of [Name of county]

SWORN to and SUBSCRIBED before me, the undersigned authority, on the [insert] day of [insert month], [insert year] year, by [Insert full name of the affiant.]

[Signature of Notary]
________________________________________
Notary Public, State of Texas

[Notary’s stamp]

The legal definition of a jurat or jurat clause

In Black’s Law Dictionary (9th edn, 2009) a jurat is defined as a “certification added to an affidavit … stating when and before what authority the affidavit… was made”. The definition notes that a jurat typically indicates “that the officer administered an oath or affirmation to the signer, who swore to or affirmed the contents of the document”.

The above definition of a jurat clause was cited by the Texas Supreme Court in Mansions in Forest v. Montgomery County, 365 SW 3d 314 (Tex. 2012).

The Court also cited the following definition of jurat: “A jurat is a certification by an authorized officer, stating that the writing was sworn to before the officer. Perkins v. Crittenden, 462 S.W.2d 565, 568 (Tex. 1970)”.

What is the purpose of a jurat in an affidavit?

There are two important reasons for including this information in the jurat.

First, a reader of the affidavit can see from document whether the witness is qualified to administer the oath or affirmation.

Both the witness’s qualification and the place that the affidavit was made are included in the jurat because the witness’s power to administer the oath or affirmation may – and often will -have geographical limits.

At common law, an “affidavit” that is purportedly sworn or affirmed at a place before a witness who does not have the power to administer an oath or take an affirmation at that place will be invalid.

Secondly, the jurat enables a reader of the affidavit to contact the witness to ensure that, in fact, the affidavit was genuinely made.

Where there is doubt about this issue, a party to court proceedings can cross examine the witness as to whether, and the circumstances in which, an oath or affirmation was made and the affidavit was executed.

Similarly, the person making the affidavit can call the witness to give evidence that that affidavit was in fact validly made in circumstances where the jurat has been incompletely or defectively filled out.

Does the date always have to be included in the jurat for an affidavit?

An affidavit must always include the date on which it is sworn or affirmed. Often the date is included in both the jurat and at the beginning of the affidavit.

However the forms of affidavit used in some jurisdictions may include this information in only one of those places. This means you may see affidavits which don’t contain a date in the jurat because the date is instead elsewhere in the affidavit.

This is acceptable because it complies with the requirement that the affidavit be dated.

Always use the form of jurat that is prescribed in your jurisdiction if there is one.

Can the jurat appear on a page by itself?

In some jurisdictions there is a convention that the jurat of an affidavit should not appear on a page by itself.

This is a measure to ensure the integrity of the affidavit (ie to prevent the jurat being executed and then affixed to pages which had not been finalised when the jurat was signed).

If there is no room for the jurat at the bottom of the final page of an affidavit, the answer is simply to insert a page break before the final paragraph of text. Then the jurat and the final paragraph will appear together on the last page.

Signing on the bottom of the page that the jurat is on

When executing an affidavit, both the person making the affidavit and the witness ordinarily sign their full signatures on the bottom of each page to ensure the integrity of the affidavit.

However it is not necessary for them to do so on the last page of the affidavit. Instead they should sign in the jurat on that page.

How to swear an oath at common law

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An oath is a religious promise which binds the conscience  of the person swearing the oath. At common law, most but not all religions can swear an oath. This page explains the test for whether a particular religion can swear an oath, and the words that should be used.

The test for competence to swear an oath at common law was laid down by the English Court of Chancery in Omichund v Barker 125 Eng Rep 1310 (Ch 1744). There it was held that any person who believed in a god and in the solemn obligation of an oath was competent to testify once they had been sworn in whatever manner their conscience and religious convictions would find binding. The Court also held that:

  • although the form of oath can vary, the substance is still the same, which is that the person’s god is called upon as a witness to the truth of what is said; and
  • persons who do not think that their god will either award or punish them in this world or the next, cannot swear oaths because an oath cannot possibly be any tie or obligation upon them.

Therefore, at common law the minimum requirements for a religion to be able to swear an oath are that the religion has a god (or gods) which the person making the oath believes will punish or reward them in this world or after death. A person who is religious but whose religion does not meet this test is not competent to swear an oath at common law. Statutory modification has altered this position in some jurisdictions, but the common law test is as laid down in Omichund v Barker.

As Omichund v Barker makes clear, it is the substance and not the form of oath which is important. As an overriding rule, a religious person can be asked what form of oath they will regard as binding on their conscience and to swear them accordingly. However some standardised forms of oath have become commonly used. These are set out below.

Words for a Christian oath at common law

At common law, a Christian oath is administered by instructing the deponent to take the Bible in their hand and to say the words:

“I swear by Almighty God that this is my name and handwriting and that the contents of this my affidavit are true.”

The words “and handwriting” can be omitted if the affidavit is entirely typewritten. Variations on the form are also acceptable provided the witness considers their conscience bound by the words and ceremony used. For example, if no Bible is available the witness can still be sworn provided it is their belief that their conscience will be bound by the oath: see eg R v Chapman [1980] Crim LR 42 where the witness failed to take the Testament in his hand. 

It is also acceptable for the oath to be administered in a question and answer format, ie:

Q: Do you swear by Almighty God that this is you name and that the contents of this your affidavit are true?

A: Yes / I do / etc.

Words for a Jewish oath at common law

The “standard” form of Jewish oath at common law uses the same words as are used in the Christian oath set out above. The difference is the religious book that is used. There are varying views about whether the book to use should be the Old Testament, the Pentateuch (the first five books of the Old Testament) or no religious book at all.  Because the common law does not subscribe any particular form of oath, the witness should simply be asked as to the ceremony they consider will be binding on their conscience. There is no “correct” answer to whether a particular religious book is or is not required: it depends on the person making the oath.

Words for other oaths at common law

The simplest and best practice for other religions is to inquire what oath a witness or deponent will regard as binding and to swear them accordingly. It will often be the case that the witness will regard a form of words which follows those for the Christian oath, but adapted to their beliefs, as sufficient. Hence, provided the witness regards an oath in this form as binding on their conscience, the following formula can be used for any religion which has a god or gods that the deponent believes will reward or punish them in this world or the next:

“I swear by / to [state the deity sworn to by the deponent] that this is my name and handwriting and that the contents of this my affidavit are true.”

Blank affidavit form for free download

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The form below is a free, blank affidavit form in Microsoft Word format for downloading. The blank affidavit template follows the essential setup of an affidavit first outlined in Bacon’s Abridgement (Matthew Bacon, “A New Abridgement of the Law”, London 1832), but with a neat layout to incorporate modern word processing styles.

Affidavits such as this one have a long history of being used as a manner of given sworn evidence in court proceedings, and an affidavit in this format will be recognised as effective in most common law legal systems today provided it is correctly sworn before a witness authorised to administer an oath. However most courts will have their own form of affidavit which may have additional matters included (often headers identifying the proceeding number and so on), and you should use the affidavit appropriate for that court if relevant.

In addition, some legal systems will have made statutory alterations to the common law which may require additions to be made to this form. Click below for the free affidavit template.

General affidavit common law




Always use the words of the witness when writing an affidavit

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A key trap for lawyers who are drafting affidavits for others to swear is to avoid using the words and language of the witness. Instead, the lawyer will substitute their own language (and often will “translate” what the witness has told them into more grandiose language). This practise is to be avoided.

An affidavit is the sworn evidence of the witness, not of the lawyer. It should use the words of the witness. Of course a good lawyer will write the document in a format that is accessible – the affidavit should be an ordered, digestible, logical statement of the witness’s evidence, not merely a transcript of the lawyer’s interview with them. And excessive colloquialism should be avoided because an affidavit is a formal document (although if the witness cannot find an alternative expression, the colloquialism should remain).

Using the words of the witness is important because the witness can be cross-examined on the words of their affidavit. If they do not know what a word means – or suggest to the cross-examiner that the words are their lawyers or that “I wouldn’t have put it like that” – confidence in the affidavit can be undermined. If this occurs, the weight afforded to the affidavit as evidence may be reduced.

Conversely, if the affidavit does seem to faithfully reflect the words of the witness, the court can have confidence in that affidavit as a carefully prepared and accurate piece of evidence, put together calmly and outside the pressure of the witness box or stand. It is likely to be afforded significant weight in these circumstances.

An excellent example of using the words of the witness can be found in Hugh Grant’s witness statement to the Leveson Inquiry in 2011. The whole language of the witness statement sounds like it is Hugh Grant speaking (as it is). The statement begins:

Introduction

3. I’d like, if I may, to make this statement wearing four hats.  First as a normal person who used occasionally to buy and read popular newspapers.  Then as someone who became a subject of interest to those papers.  Then as someone who became a student of those papers – of their methods and of their influence over the police and government.  And finally as someone who takes an interest in how our laws might protect public interest journalism while dealing with the abuses of some non public interest journalism.

First Hat – Normal Punter

4. Growing up, if my brother or I happened to have bought a copy of the News of the World my mother would say, “How can you bring that filth into this house?  Then, after a pause:  “After you with it.”  And I suppose that was my attitude to papers like the News of the World for the first 33 years of my life.  It’s probably the attitude of most people.  (Or was, until July.)  That they were a bit of largely harmless fun.

The witness statement continues in a similar vein, but goes on to make some strong points based on the history that Hugh Grant has set out. The reader is left in no doubt that the words of the witness statement and the opinions expressed in it are those of Hugh Grant. In consequence, the witness statement is a compelling piece of advocacy.

How to write a witness statement

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You can find some useful free information about what a witness statement is and how to draft one below. If you’re looking for a free template for a witness statement, you can download one here.

What is a witness statement?

A witness statement is simply a written statement of the evidence a person is able to give in relation to a particular matter. A witness statement should contain all the relevant information that the witness either knows or senses (ie saw, heard etc) in relation to the matter, and no irrelevant information.

What is the difference between an affidavit or a statutory declaration and a witness statement?

Witness statements, affidavits and statutory declarations are all written statements of the evidence a person wishes to give. The difference is that affidavits and statutory declarations are signed in front of another person who is authorised by law to formalise the statement (confusingly, this person is called a witness!). For affidavits, the formal process is the taking of an oath (an appeal to a god or gods to tell the truth) or an affirmation (a solemn, non-religious promise). For statutory declarations, the formal process will depend on the legal jurisdiction but a witness is usually required to formalise the statement.


A witness statement does require anyone other than the person making the statement to sign it (ie there does not need to be a solicitor or justice of the peace or similar to “witness” the signature of the person making the statement). Sometimes a person making a witness statement will have another person witness their signature to the statement but this is not ordinarily necessary.

Are there penalties for making a false witness statement?

Making a false witness statement may not technically constitute “false swearing” (because, unlike with an affidavit, there is no oath or affirmation administered) or a breach of any Act relating to statutory declarations (because a witness statement is not a statutory declaration). However serious criminal penalties exist in many jurisdictions in relation to making a false document. A person who knowingly makes a false witness statement may breach these provisions, particularly if the statement is intended to influence government officials or falsely confer financial advantage on the person making it.

If a false witness statement causes the police to be diverted from the investigation of a criminal offence, this may constitute hindering an investigation which is itself a criminal offence in some jurisdictions. A false witness statement which causes people to waste time or money may also be a basis for a civil claim to be made against the witness.

Furthermore, if a false witness statement is adopted in court by the witness after they have sworn an oath or made an affirmation to tell the truth, this may constitute perjury. Perjury is a serious criminal matter. Convictions may result in a lengthy period of imprisonment.

There may be other sanctions for making a false witness statement, depending on the jurisdiction (for example, where a witness produces a false witness statement to a commission of inquiry this can be a criminal offence). For these reasons it is very important to make sure that the content of your witness statement is true and correct!

How should I complete this template witness statement?

Your witness statement should be divided into short, numbered paragraphs of easily readable length. Usually two to three sentences is appropriate. The matter or matters with which it deals should be dealt with in a logical order. Most often this means they are dealt with chronologically.

If your witness statement is made only to deal with a discrete issue as part of a larger matter about which you would be able to give more evidence then you should start by explaining that. For example, you could begin by saying “I make this witness statement in relation to the events of 1 January 2014.”

In the witness statement, you should use the language you would ordinarily use when writing. However the tone should be appropriately formal, having regard to the serious nature of the document. Above all, try to be as precise as possible.

Once you have finished writing the witness statement, you should read the completed document carefully to make sure it conveys your evidence accurately. Spelling should always be carefully checked. Finally, make sure the signature box does not appear on the last page by itself with no text above it. If this happens, place a page break before the last paragraph before you print it out.

Once you have finalised the text of the witness statement, you should print it out and mark any annexed documents or document bundle with the markings by which they are referred to in the witness statement (see below for instruction on using documents with your witness statement).

You should then sign and date the witness statement down the bottom where indicated. Make sure that the typewritten date at the top of the statement is the same date as the handwritten date at the bottom of the statement (as with an affidavit it is not appropriate to backdate or postdate the signing of the statement).

Finally, instructions for how to complete this witness statement have been included in the template in [square brackets with yellow highlighting]. These instructions must all be removed before finalising the statement!

Including documents in a witness statement

Where the witness wishes to give evidence of relevant documents, copies of these can either be annexed (ie attached with a staple or similar) to the witness statement or, where there are multiple documents, a separate bundle of these can accompany the witness statement.

To use annexures, at the appropriate point in the text of the witness statement, the witness should say:

“Annexed and marked “A” is a copy of [the description of the document eg the email I received from John Doe dated 1 January 2014].”

Subsequent annexures should be called “B,” “C” and so on. These document should all then be stapled after the last page of the body of the witness statement . The first page of each annexure should be marked with its letter up at the top by hand (“A”, “B” and so on). Page numbering should be continuous from the start to the finish of the affidavit (ie it should not restart at the beginning of the annexures or of any annexures).

To use exhibits, the witness should include the following text at the beginning of their witness statement:

For the purposes of this statement, I refer to a paginated bundle of documents marked “JD 1”.  Where I refer to page numbers in this statement, I am referring to pages in “JD 1”.

The initials JD should be replaced by the witnesses initials. If the witness needs to make a second witness statement in relation to the same matter, the bundle of documents for that statement should be marked “JD 2” and so on.

All the relevant documents should be placed in the bundle, and the first page should be marked “JD 1” at the top. The bundle should be page numbered from start to finish beginning from page 1 (ie the numbers do not follow on from the last page of the text of the witness statement). The witness should then refer to particular documents in their witness statement like this:

“I received [the description of the document eg an email from John Doe dated 1 January 2014], a copy of which is at page 1 of JD 1.”

Using this witness statement in court

If you need to use a witness statement in court, you should be aware that some courts may have their own form of witness statement. If this is the case then you should use that form. Before using this form you should check the website of the relevant court to see if they have a witness statement form that you can use.

Frequently however the court will not publish a form for a witness statement. In that case, then you should use this form. If the witness statement is to be used for existing court proceedings then you should modify the details at the top of the first page of the witness statement so that the layout looks like the form of other documents used in that court (frequently this information will include the name and location of the particular court and the title of the proceedings ie the names of the parties to the proceedings).

Once the witness statement is completed

Sometimes it will be necessary to provide the original signed copy of a witness statement to the person who requires it. Other times a copy will be sufficient. If you provide a copy, make sure the original is safely stored away as sometimes it may be necessary to use the original even some years after it is signed. A witness statement is  an important statement and it must be kept safe.

Witness statement template in Word form for free download

To download our free template witness statement in Word form, please see this page.