How to complete the Affidavit

Introduction

On the AFFIDAVIT (pronounced..AFIDAY-VIT) fill in the defendant and court particulars only.

The bottom section will be filled in by the 'swearing' solicitor your client visits to authorise the document. Use top quality copying for both forms.

The AFFIDAVIT is the hinge pin on granting the 'set aside'. When 'Notarised' by a solicitor. Together with the form N244 they become an official legal document accepted by the courts as genuine and truthful.

Without it even a seemingly cast iron request would not be looked at, let alone processed.

Then:

1. Staple the AFFIDAVIT to the front of the N244 form
2. Prepare an envelope with your address and stamped first class
3. Send this together with the second client letter and the two forms to your client.

As soon as you receive back the two forms, check that they are signed and then post them 1st class to the court concerned. Address the envelope to 'The Chief Clerk'. Nothing else to enclose, just the two forms.

And that's it!

Always enclose that SAE so that the forms come back to you for "Final processing". While that processing is only posting the forms to the court, it gives the client the impression that there is quite a bit more work to do.

Making an Oath

Take the two forms to a Solicitor's office and ask the receptionist if' "any one is available for a swearing". There is usually someone to oblige.

You will go to his/her office and swear to the truth of the statement on the "Notice of Appeal". The Solicitor has no interest at all in the statement, only that you are saying it is true. You will then "Make Oath" that it is true and sign it in front of the Solicitor.

He/She will also sign it and should stamp it with the office stamp.

You will be charged £5, the standard fee for 'swearing' and it is money well spent. It shows the court that your are taking trouble to clear your record which will incline them to comply with your request.

Now fold the forms carefully and post them to the court. Do not separate the two forms.

The AFFIDAVIT is normally accepted by the court as evidence of your request.

However, on the odd occasion the court may decide to ask you to a hearing, which for one reason or another you cannot attend. No problem.

Write to the court stating that your are unable to attend on the day specified and that you will be pleased to abide by the decision of the court made in your absence. This will stand you in good stead as it will save the court's time and show you sincerity.

Don't forget to quote the case number when writing to the court.

After a few days, you will receive notice from the court of your 'Set aside'.