Affidavits and Exhibits in Singapore: Before You Swear or Affirm

An affidavit is a written statement of evidence made by a person called the deponent. The deponent swears or affirms before a Commissioner for Oaths that the contents are true. Affidavits are frequently used in court proceedings, but the required format, subject matter and filing process depend on the type of case and the court’s rules.

The commissioner’s signature does not mean the commissioner agrees with the evidence. It records that the oath or affirmation was properly administered to the identified deponent. The judge, tribunal or recipient decides what weight to give the evidence and whether it complies with the relevant procedure.

Because an affidavit may affect legal rights, do not treat the appointment as a drafting session. If you are represented, follow your lawyer’s instructions. If you are acting without a lawyer, use the Singapore Courts guides and forms for your proceeding and obtain independent advice when the facts or consequences are unclear.

A useful affidavit identifies the deponent, explains how they know the facts and sets out relevant events in a logical order. Numbered paragraphs make individual statements easier to refer to. Dates, names and amounts should be checked against source documents. If a fact is based on information from another person or record rather than personal observation, legal advice may be needed on how to describe it.

More pages do not automatically make evidence stronger. Repetition, argument, insults and unrelated history can distract from the issue and may breach applicable court rules. The Rules of Court 2021, for example, require affidavits to contain relevant facts and place limits on offensive matter. A lawyer can help distinguish evidence from submissions.

Use the current form and filing directions for the specific proceeding. Family, civil, criminal, harassment and insolvency matters may not use identical formats or fees. A form from an old case or another jurisdiction is not a safe substitute.

An exhibit is material referred to in the affidavit and shown as supporting evidence. Common examples include contracts, correspondence, bank records, photographs and screenshots. The affidavit should introduce each exhibit where it becomes relevant, and the attachment should be identifiable from that reference.

Prepare complete, readable copies in the correct order. Include all pages that are part of a document unless your lawyer or the court’s directions say otherwise. For digital communications, preserve dates, participants and enough surrounding context to make the record understandable. Do not crop or annotate evidence in a way that could be misleading.

The commissioner marks exhibits as part of the commissioning process. Under the published fee schedules, exhibits can carry an additional per-exhibit fee. Ask whether a multi-page bundle is treated as one exhibit and how it should be bound; the answer can depend on the document and procedure.

• Match every exhibit label to the wording in the affidavit.
• Check that copies are legible, complete and in page order.
• Bring the version intended for filing, not a different working draft.
• Tell the commissioner the number of exhibits when booking.
• Keep originals available if your lawyer, commissioner or court requires them.

Do not sign the affidavit before the commissioner instructs you. Review the final text and all exhibits first. During the appointment, the commissioner checks identification and administers the oath or affirmation, after which the signature and formal jurat are completed.

If an error is noticed before affirmation, correct it in the manner the commissioner permits. If an affidavit has already been affirmed but not filed, Singapore’s Rules of Court provide a route for alteration with re-affirmation. If it has already been filed, correction may require another affidavit. Do not swap pages or amend the filed or commissioned version privately.

Every deponent should have time to read the document. Pressure from a deadline is not a reason to affirm words that are not understood. Where multiple people make affidavits, each person’s evidence and appointment requirements should be confirmed separately.

The commissioner must be satisfied that the deponent understands the affidavit. Singapore court practice directions include safeguards where a person does not understand English, is illiterate or is blind. These may involve reading or translating the document and certifying how understanding and voluntary signature were established.

Tell the appointment provider about language or accessibility needs in advance. Singapore Courts offers specified interpretation support for its court service and requires a qualified interpreter for other languages. A private provider’s arrangements may differ, and a friend or family member should not be assumed to qualify.

Singapore Courts also offers e-commissioning for eligible court affidavits, subject to conditions. The deponent must be physically in Singapore, have the required Singpass and technology, meet privacy conditions and use the prescribed document format. Remote commissioning is therefore a structured process, not permission to sign first and email a scan later.

Commissioning does not file the affidavit. Follow the applicable court or recipient instructions for electronic filing, service, deadlines, original retention and confidential information. Keep a copy that is identical to the commissioned version and protect any personal data it contains.

Before submission, check that the affidavit includes the deponent’s signature, the completed jurat, the commissioner’s signature and details, and all exhibit markings. Do not “tidy up” the document after this check. If something appears missing, return to the commissioner or ask your lawyer what correction process is needed.

The practical sequence is: confirm the right court form, settle the evidence, assemble exhibits, arrange language support, swear or affirm, and then file or deliver. NearbyNotary can help locate a Commissioner for Oaths, but only the court, receiving party or your lawyer can confirm that the finished affidavit meets your proceeding’s requirements.