How to Affirm an Affidavit Outside of Singapore
If you are a party or witness to court proceedings in Singapore, you may be required to file an “affidavit”. An affidavit is a written statement of fact signed by you, the deponent.
You are required to swear or affirm the affidavit, to attest that its content is true. This is done by signing your affidavit in the presence of a Commissioner for Oaths. If you are involved in court proceedings in Singapore but are currently located outside Singapore, you do not have to travel to Singapore just to sign your affidavit before a Commissioner for Oaths.
Instead, you can swear or affirm your affidavit overseas by signing it in the presence of any one of the following people in the country you are located.
Local Notary Public
You can engage a qualified notary public in the country you are located to witness the signing of your affidavit. A notary public is a person who is authorised to witness, authenticate or certify documents for use in foreign countries, including foreign court proceedings.
Generally, there is no need to send an affidavit that has already been signed in the presence of a local notary public for further verification or legalisation by the Singapore embassy or other body. This is because Order 41, Rule 12 of the Singapore Rules of Court states that an affidavit taken outside Singapore which has the seal or signature of the notary public or person authorised to administer oaths in that country, can be admitted for use in Singapore court proceedings without additional proof that the seal or signature belongs to that person.
Singapore Consular Officer
You can approach a consular officer at the Singapore Embassy / Consulate of the country you are located to witness the signing of your affidavit.
Singapore consular officers are authorised by section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act to administer oaths and act as notaries public.
You will be required to make an appointment with the Singapore Embassy / Consulate beforehand. For more information on how to make an appointment, you can visit the website of the Singapore Embassy / Consulate of the country you are located.
Consular Officer of Any Commonwealth Country
You can approach any Commonwealth country’s consular officer who is in the country you are located to witness the signing of your affidavit. Major commonwealth countries include the United Kingdom, Australia, Canada and New Zealand.
After your affidavit has been notarised by one of the above people, you can send it to your lawyer in Singapore by post, fax or email, for filing in the court proceedings in Singapore.