(1) Affidavits authorized or permitted under these rules, or in any statutory proceedings, shall be a written statement or declaration sworn to or affirmed before an officer authorized to take depositions by Rule 28. If a party is absent from the county, or mentally incapable of taking an oath, or physically unable to attend before an officer, his agent or attorney may make such affidavit, unless otherwise provided by these rules or any statute. Such an affidavit shall state the absence or incapacity of the party and the capacity of the affiant.
Rule 43.13.Affidavits -- Definition and content.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 43.13 defines an affidavit as a sworn written statement made before an officer authorized to take depositions, lets an agent or attorney swear it when the party is absent, incapacitated, or unable to attend, and requires the affiant's signature plus a certificate verifying when and how it was made.
Full Text of Rule 43.13
(2) Every affidavit shall be subscribed by the affiant; and the certificate of the officer or person before whom it is made shall be written separately, following the signature of the affiant, and shall be proof of the time and manner of the affidavit being made.
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
An affidavit is a written statement a person swears or affirms is true in front of an officer who is authorized to take depositions -- typically a notary or similar official under Rule 28. That oath is what separates an affidavit from an ordinary signed statement; it exposes the affiant to penalties for lying under oath.
Rule 43.13 also covers what happens when the party who needs to make the statement can't get to the officer -- because the party is out of the county, mentally incapable of taking an oath, or physically unable to attend. In those situations, an agent or attorney can make the affidavit instead, but it must say why the party is absent or incapacitated and describe the affiant's own connection to the case.
Format matters too. The affiant signs the affidavit, and the officer's certificate -- the notary block confirming the oath was administered -- has to appear separately, after that signature. That certificate is what proves the affidavit was properly sworn, and when and where it happened.
Frequently Asked Questions
Who is allowed to notarize an affidavit in a Kentucky civil case?
Rule 43.13 requires an affidavit to be sworn or affirmed before an officer authorized to take depositions under Rule 28, such as a notary.
Can someone sign an affidavit on my behalf if I can't appear before a notary?
Yes. If a party is absent from the county, mentally incapable of taking an oath, or physically unable to attend, an agent or attorney may make the affidavit -- but it must state the reason for the absence or incapacity and the affiant's own capacity in the case.
What makes a document an affidavit instead of just a signed statement?
The affiant's signature alone isn't enough. An affidavit also needs the officer's certificate, written separately after the signature, confirming the time and manner in which the oath was taken.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 43.13). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: what is an affidavit kentucky civil procedurewho can sign an affidavit if party is absentnotary requirements for affidavits CR 43.13affidavit definition kentucky rules of civil procedure