What is the meaning of “crave leave to refer” in an affidavit?

The phrase “I crave leave to refer” to a document is sometimes still found in affidavits.

But what does it mean – and is it necessary?

AD: Need to transfer money or property owed by you to another person? Click here to use this form to easily transfer your property.

In this expression, the words “crave leave” mean “seek permission”.

Hence the person swearing the affidavit (the affiant) is seeking permission from the court to refer to a document referenced in the affidavit.

Here the word “crave” is being used differently to how you might ordinarily use “crave”.

In modern language, “crave” means to long for something – such as a loved one’s attention or donuts! But “crave” also has a more ancient meaning of “to ask for”. You can see this in the example below.

Should I use the words “crave leave” in an affidavit?

If you were in an English court in the 1800s, then “crave leave” might be an appropriate expression to use in an affidavit – indeed it appears multiple times in the Works of John Locke, the author of which died in 1704.

However the phrase is completely unnecessary today.

“Craving leave” is an outdated expression and it should be avoided (its use also violates the rule that the person making the affidavit should use their own words in the text of it).

Instead of “craving leave”, to refer to a document in an affidavit, the affiant should simply refer to the document by the manner in which it is incorporated (annexing, exhibiting, attaching it or otherwise as the relevant jurisdiction permits).

For example, the person making the affidavit should simply say “Annexed and marked with the letter “A” is a [name of the annexed document].”

The bottom line is to leave your cravings for the donuts.

It might not be better for you, but it will make for a better affidavit.