Affidavit (Singapore)

An Affidavit in Singapore sets out facts that the maker swears or affirms to be true for use as evidence.

The Evidence Act 1893 (Cap. 97), Sections 3 and 4, establishes the framework for sworn evidence in Singapore, and the Oaths and Declarations Act 2000 (Cap. 211) prescribes the requirements for administering oaths and affirmations. An affidavit carries the same legal weight as oral testimony given under oath in open court, and a deponent who makes a false statement in an affidavit commits the offence of perjury under Section 191 of the Penal Code 1871, which carries imprisonment of up to 7 years and a fine.

Singapore courts rely on affidavit evidence extensively for interlocutory applications, summary judgment applications under Order 9 Rule 17 of the Rules of Court 2021, applications for injunctions, judicial review proceedings, winding-up petitions under the Insolvency Restructuring and Dissolution Act 2018 (IRDA), and bankruptcy applications. The General Division of the High Court and the Court of Appeal both accept affidavit evidence in the prescribed format. The Family Justice Courts require affidavit evidence for divorce proceedings, custody disputes, maintenance applications, and adoption proceedings under the Women's Charter 1961 and the Guardianship of Infants Act (Cap. 122).

The Rules of Court 2021 introduced significant reforms to affidavit practice in Singapore, replacing the previous Rules of Court 2014. Order 15, Rules 1 to 19, prescribe detailed requirements for the form, content, filing, and service of affidavits. Rule 1 requires that every affidavit state the full name, address, and occupation of the deponent. Rule 5 requires that facts be stated from the deponent's personal knowledge, and that hearsay evidence be identified as such with the source stated. Rule 6 prohibits legal argument, submissions, or conclusions of law in affidavits — an affidavit must contain only statements of fact.

Affidavits in Singapore serve functions beyond court proceedings. The Accounting and Corporate Regulatory Authority (ACRA) requires affidavits for certain company registration and compliance matters. The Monetary Authority of Singapore (MAS) may require affidavit evidence in regulatory proceedings. The Land Titles Registry requires affidavits in support of applications for caveats, removal of caveats, and corrections to the land register under the Land Titles Act (Cap. 157). Commissioners for Oaths in Singapore are appointed by the Chief Justice under the Supreme Court of Judicature Act (Cap. 322), and advocates and solicitors holding valid practising certificates issued by the Law Society of Singapore may administer oaths under Section 73 of the Legal Profession Act (Cap. 161). The Singapore Academy of Law (SAL) also plays an administrative role in the commissioning process.

A Singapore Affidavit is required whenever a court, tribunal, or statutory authority requires sworn written evidence from a party, witness, or interested person in connection with legal proceedings or a formal application under Singapore law.

Summary judgment applications in the General Division of the High Court or the District Court require the plaintiff to file an affidavit under Order 9, Rule 17 of the Rules of Court 2021, deposing to the facts establishing that the defendant has no defence to the claim. The defendant may file an affidavit in reply showing a triable issue. Summary judgment affidavits must contain admissible evidence of the debt or claim, attach relevant documentary exhibits, and demonstrate on the balance of probabilities that no genuine defence exists.

Interlocutory injunction applications, including Mareva injunctions (freezing orders) and Anton Piller orders (search orders), require supporting affidavits setting out the factual basis for the injunction. The High Court's power to grant interlocutory relief under Order 12 of the Rules of Court 2021 requires the applicant to present evidence by affidavit of a serious question to be tried, a real risk of dissipation or destruction, and the balance of convenience favouring the grant of the injunction.

Divorce and family law proceedings in the Family Justice Courts require extensive affidavit evidence. The Women's Charter 1961 and the Family Justice Rules 2014 require affidavits for contested divorce applications, ancillary matters including the division of matrimonial assets and maintenance, applications for custody, care, and control of children, and applications for personal protection orders under Part VII of the Women's Charter. The Affidavit of Assets and Means filed in ancillary proceedings is a specialised form of affidavit mandated by Rule 93 of the Family Justice Rules 2014.

Insolvency proceedings under the Insolvency Restructuring and Dissolution Act 2018 (IRDA) require affidavit evidence for bankruptcy applications (Section 311), corporate winding-up petitions (Section 124), judicial management applications (Section 89), and scheme of arrangement proposals (Section 64). The Singapore High Court requires the petitioning creditor to file an affidavit verifying the debt and the statutory demand process.

Probate and letters of administration applications in the Family Justice Courts require affidavits proving the validity of the will, the identity and death of the testator, and the entitlement of the applicant to the grant. A Statutory Declaration or Commissioner for Oaths Declaration may be required for non-contentious matters, but contested probate proceedings require full affidavit evidence. ACRA, MAS, and the Singapore Land Authority (SLA) each accept or require affidavits for specific regulatory and registration processes within their respective jurisdictions.

A Singapore Affidavit must comply with the formal and substantive requirements prescribed by Order 15 of the Rules of Court 2021, the Oaths and Declarations Act 2000 (Cap. 211), and the applicable court practice directions to be accepted as evidence by Singapore courts.

Deponent identification requires the full legal name, NRIC number or passport number, residential or business address, and occupation of the person making the affidavit. Order 15, Rule 1 of the Rules of Court 2021 mandates that every affidavit begin with a statement identifying the deponent and their relationship to the proceedings. Where the deponent is a corporate officer deposing on behalf of a company, the affidavit must state the deponent's position within the company and the company's UEN as registered with ACRA.

Proceedings identification must state the full case title, case number, the court or tribunal in which the proceedings are pending, and the purpose for which the affidavit is filed. The title block must follow the prescribed format in the Supreme Court Practice Directions 2021 or the Family Justice Courts Practice Directions, depending on the court.

Statements of fact form the substantive body of the affidavit and must be organised in sequentially numbered paragraphs, each containing a single statement or closely related group of facts. Order 15, Rule 5 requires that facts within the deponent's personal knowledge be stated as such, and facts based on information and belief must identify the source of the information and the grounds for the belief. Rule 6 prohibits the inclusion of legal argument, submissions, conclusions of law, or scandalous, irrelevant, or oppressive material.

The forms-legal.com Singapore Affidavit template covers all mandatory elements required by Order 15 of the Rules of Court 2021, including deponent identification, proceedings details, statement of facts, exhibit references, and the jurat. The template is structured for use in the General Division of the High Court, District Court, and Family Justice Courts.

Exhibit references must comply with Order 15, Rule 10, which requires every document referred to in the affidavit to be identified as an exhibit, marked with a sequential exhibit mark (e.g., Exhibit "D-1", "D-2"), and attached to the affidavit. Each exhibit must be verified by a separate exhibit note signed by the commissioner for oaths or person administering the oath. The Supreme Court Practice Directions 2021 prescribe specific formatting requirements for exhibit bundles, including pagination, indexing, and binding.

The jurat is the certification clause at the end of the affidavit recording that the deponent swore or affirmed the affidavit before a commissioner for oaths or other authorised person on a specific date. The jurat must state whether the affidavit was sworn (on oath) or affirmed (without religious oath), the date, and the name and qualification of the person administering the oath or affirmation. Commissioners for Oaths are appointed by the Chief Justice under the Supreme Court of Judicature Act (Cap. 322), Section 68.

Language and translation requirements under the Rules of Court 2021 require affidavits to be in English. Where the deponent does not understand English, the affidavit must be read and translated to the deponent by a certified interpreter, and the jurat must record the name and qualification of the interpreter, the language of interpretation, and the interpreter's certification that the affidavit was accurately translated.

Filing and service requirements vary depending on the court and the nature of the proceedings. Affidavits in the General Division of the High Court are filed electronically through the Electronic Filing Service (EFS) operated by the Supreme Court of Singapore. The Family Justice Courts accept filing through the Integrated Family Application Management System (iFAMS). Service of affidavits on opposing parties must comply with the timelines prescribed by the relevant rules and practice directions.