When preparing an affidavit for a civil or family court matter, it is normal to feel unsure about what you are allowed to refer to. Many people worry about whether they can mention documents provided by the other side, whether doing so breaches procedure, or whether the court will accept it.
Clear, calm guidance can help you understand how affidavits work and how to use information supplied by the defendant appropriately.
Understanding the issue or context
When a defendant discloses “productions” — such as documents, statements, photographs, emails, reports or other materials — you may need to refer to them in order to:
- clarify your position
- correct misinformation
- challenge inaccuracies
- highlight contradictions
- support your own version of events
It is understandable to feel uncertain about whether you may include these references in your affidavit and how to do so correctly.
The legal rules or framework
You may refer to the defendant’s productions if they are relevant
UK courts expect affidavits to be:
- factual
- relevant
- based on personal knowledge or verifiable documents
- clearly sourced
If the defendant has already lodged productions, these are now part of the court record.
You are permitted to refer to them.
Ensure you do not misrepresent the documents
If you refer to a document, you must:
- identify it accurately
- describe it clearly
- avoid speculation or interpretation beyond your knowledge
- avoid taking information out of context
Affidavits must be based on facts, not argument
You may:
- explain why a document is relevant
- point out inconsistencies
- confirm facts that align with your position
You must not:
- speculate about the defendant’s motives
- make unprovable accusations
- mischaracterise the meaning of a document
Argument belongs in submissions, not affidavits.
Referencing other party’s productions is standard practice
Courts expect parties to engage with:
- documents provided by the other side
- information disclosed
- evidence already before the court
Failing to refer to an important document can weaken your position.
Practical steps to take
1. Identify each document clearly
Use a simple format such as:
- “Production 4 (Defendant): Email dated 12 June 2023…”
- “Defendant’s Production 7: Medical report from…”
This helps the court locate the exact item.
2. Quote only relevant parts
Do not insert long extracts.
Quote only the essential parts that support your point.
3. Explain why you are referring to it
Briefly state the purpose, for example:
- to correct inaccurate information
- to confirm a date or event
- to clarify your understanding
- to highlight inconsistency
Keep your explanation factual.
4. Attach your own productions where appropriate
If you rely on the defendant’s production, you may also wish to include:
- your own documents that support or clarify the issue
- correspondence
- timelines
This strengthens your affidavit.
5. Avoid commentary or emotional statements
Stay factual and neutral.
The court relies on clear evidence, not feeling or argument.
6. Number your paragraphs
Numbering makes it easier for the court to follow references to the defendant’s productions.
7. Consider a solicitor review before submitting
A solicitor can:
- check the accuracy of references
- ensure you have not included argumentative material
- confirm the affidavit meets court standards
- reduce the risk of your affidavit being challenged
This helps avoid mistakes that delay proceedings.
Common pitfalls to avoid
- Misquoting a document
Always check the exact wording. - Adding opinion or argument
Stick to facts only. - Failing to identify productions properly
The court must be able to locate the item easily. - Including irrelevant material
Only refer to what helps the issue. - Submitting without legal review when unsure
Affidavits carry legal weight and must be precise.
Frequently Asked Questions
1. Can I refer to the defendant’s productions in my affidavit?
Yes, if the information is relevant and accurately described.
2. Do I need the defendant’s permission to refer to their documents?
No. Once lodged, they are part of the court materials.
3. Can I attach the defendant’s documents to my affidavit?
You normally only attach documents you are producing yourself. For the defendant’s productions, reference their production number.
4. What if I believe their production is false or misleading?
You may explain your position factually, but avoid accusations that you cannot prove.
5. Can the court reject references to their documents?
Only if they are irrelevant or argumentative.
6. What if I do not understand part of the defendant’s documents?
Do not interpret beyond your knowledge. Seek clarification or legal advice.
7. Should I get legal advice before finalising my affidavit?
Yes, a fixed-fee solicitor review helps ensure accuracy and avoids procedural errors.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.