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Law Management Section

PAS FAQ: Amending an affidavit

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The Law Society’s Practice Advice Service explains whether you can amend a sworn affidavit.

I am a solicitor and earlier today a member of the public came into the office and asked me to administer an oath. The deponent has now returned to the office with a request that two very minor alterations be made to the sworn affidavit. Can I comply with the deponent’s request?

Yes, but you must comply with the provisions of paragraph 8 of CPR Practice Direction 32, which states that any alteration to a sworn affidavit must be initialled by both the deponent and the person before whom the affidavit was originally sworn. An affidavit which contains an alteration that has not been initialled may be filed or used in evidence only with the permission of the court.

For further information, please see the Law Society’s Execution of Documents (3rd edition) which is available to purchase from the Law Society’s online bookshop.

This FAQ is compiled by the Law Society’s Practice Advice Service telephone 0207 320 5675. Comments relating to it should be sent to Mrs Anjali Mouelhi, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. Whilst every effort has been made to ensure the accuracy of the information in the FAQ, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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