This guide explains how to make an affidavit, including what to include in it, who can witness it and how to swear or affirm and sign it.
An affidavit is a written statement that is sworn on oath or affirmed to be true and correct in the presence of an authorised witness.
Affidavits are used to give evidence in a court or tribunal. Sometimes they can be used instead of someone appearing as a witness in person and giving evidence.
Knowingly making a false statement in an affidavit can be a criminal offence.
An oath is a religious solemn promise. An affirmation is a non-religious swearing of the truth.
When a person makes an oath or affirmation, they are making a solemn promise or swearing that either:
A person making an affidavit—and the oath or affirmation—is called a signatory or deponent.
There isn’t one universal affidavit form you must use. The form to use varies depending on the:
Visit the Queensland Courts website to find forms used in most courts in Queensland.
Other forms can also be found on the website for the court or tribunal where your affidavit is being filed.
If you’re not sure which form to use, you should contact the relevant court or tribunal or seek legal advice.
An affidavit under the Oaths Act 1867 in Queensland must be signed in the presence of an authorised witness.
Who can witness your affidavit depends on:
See the Who can witness a statutory declaration or affidavit in Queensland fact sheet for more information.
You and your witness must include certain information and statements on the affidavit form.
You need to make sure your affidavit includes the following information on it—this should be at the end of your affidavit near where you sign (called the jurat):
‘The contents of this affidavit are true, except where they are stated on the basis of information and belief, in which case they are true to the best of my knowledge.
‘I understand that a person who makes an affidavit that the person knows is false in a material particular commits an offence’.
If you sign the affidavit electronically, you will also need to indicate that:
‘This affidavit was made in the form of an electronic document.’
‘This affidavit was electronically signed.’
If your affidavit was signed or witnessed over audio visual link, you will need to indicate that:
‘This affidavit was made, signed and witnessed under Part 6A of the Oaths Act 1867.’
Most courts and tribunals have updated their affidavit forms to include these statements. If this information is not on the form, you can write it on the form yourself. Remember to initial any amendments or changes.
The witness must also include particular information on the affidavit. See the Witness information for statutory declarations or affidavits fact sheet for more information.
There are 2 key affidavit forms that will help you insert the right information into your affidavit under the Uniform Civil Procedure Rules 1999:
Make sure you use the right affidavit form for your particular proceeding in the relevant court or tribunal.
Annexures (or exhibits) are documents attached to the affidavit. You may not need to attach annexures to your affidavit.
If you require an annexure, it must be introduced and described in the body of the affidavit. If a document or writing is referred to in the affidavit, it should also be attached to the affidavit.
Examples of annexures are:
Annexures are usually marked with letters (A, B, C, etc). You can also use numbers (1, 2, 3, etc) or other references.
Under the Uniform Civil Procedure Rules, each annexure (or exhibit) must:
You can also have one certificate that lists multiple exhibits.
If you provide a certificate of exhibit, you and your witness must sign it. The annexures themselves do not need to be individually signed or initialled.
If you do not attach a certificate, you and your witness should endorse the exhibit’s first page with wording such as:
‘This page [and pages XX to XX] are the particulars marked “….” referred to in the affidavit of … sworn/affirmed on [insert date of swearing/affirming].’
You and your witness should sign the endorsement.
You can make an affidavit in a few different ways.
You can meet your witness in person and sign your affidavit on paper or electronically.
See the Who can witness a statutory declaration or affidavit in Queensland fact sheet to find out who can witness it in person.
If you are having your affidavit witnessed at a JPs in the Community location (e.g. if you are in a shopping centre) they can usually sign your document on paper. They can only sign electronically if they are a special witness.
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
If your lawyer witnesses the document, you can sign it either on paper or electronically. Your lawyer will tell you which option is best for you.
Before you meet with your witness, you should:
When you meet with your witness:
Instead of meeting in person you can meet your special witness over audio visual link. This means you can meet online using a videoconferencing platform such as:
You must use both video and audio in the meeting.
Before meeting your special witness, they may:
Witnessing over audio visual link allows you to sign the affidavit electronically or on paper.
If signing electronically, you will need to share your screen with the witness. This is so they can see you sign the document with your electronic signature.
If signing on paper, you will need to angle your camera so the witness can see you sign the document. You should hold each page up to the camera so they can see your signature or initials.
After you sign, the witness will also need to sign the document. The witness does not need to sign the same document. They can sign a copy of the document or a counterpart. A counterpart is an identical copy of the document you signed, but without your signature.
You will need to take an oath or affirmation to confirm the affidavit is either:
The witness will ask you what form of oath or affirmation you would like to make and then administer the oath or affirmation.
For a Christian oath, the witness might ask:
‘Do you swear that the contents of this affidavit are true and correct, so help you God?’
Then you might respond with:
‘I swear that the contents of this affidavit are true and correct to the best of my knowledge and belief, so help me God.’
Or:
‘So help me God.’
You can choose to hold the Bible while taking an oath.
If you wish to swear an oath of another religion, you should use wording you believe to be solemn and binding. You can choose to hold your specific religious text while taking an oath.
More information on oaths and affirmations (e.g. what you and the witness might say) can be found in Chapter 4.6 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook.
For an affirmation, the witness might ask:
‘Do you solemnly, sincerely and truly affirm and declare that the contents of this your affidavit are true and correct to the best of your knowledge?’
Then you might respond with:
‘I solemnly, sincerely and truly affirm and declare that the contents of this my affidavit are true and correct to the best of my knowledge.’
After you take the oath or affirmation you or your substitute signatory will need to sign the affidavit. You must sign it in the presence of your witness.
You can either sign your affidavit on paper or by using an electronic signature.
Refer to the Witness information for statutory declarations or affidavits fact sheet to find out more.
When signing, you should also initial:
You cannot make changes to the affidavit after you sign it.
If you will be signing your affidavit on paper, you and your witness must sign:
It is recommended you sign using a pen with blue or black ink.
You can also use software to apply an electronic signature to your affidavit if it is witnessed by a special witness.
For example, you can:
If your affidavit is signed electronically, your special witness can sign the same document or a true copy. They can also sign a copy of the affidavit that does not contain your signature (called a counterpart).
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
You can direct another person to sign the document for you. This person is called a substitute signatory.
For example, you can direct someone else to sign for you if you:
The role of the substitute signatory is simply to sign the document for you.
The affidavit is made in your name. This means you must swear or affirm that the contents of the affidavit are true to the best of your knowledge and belief. The substitute signatory cannot do this for you.
Generally, any adult can be a substitute signatory for you.
If the affidavit will be filed or admitted into evidence in a proceeding, the people listed below cannot be a substitute signatory for you:
If you will direct the substitute signatory to sign the document over audio visual link, they must be one of the following:
There may also be others who cannot be your substitute signatory, depending on the type of proceeding involved. See the Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet for more information.
You can only direct someone to sign the affidavit for you when you both meet with your witness—not before.
Both you and the substitute signatory must meet with the witness at the same time to make the document. This applies whether you meet in person or over audio visual link.
At the meeting, the witness must observe you directing the substitute signatory to sign for you.
They must be satisfied that you are freely and voluntarily:
Once you make an affidavit, you can use it how you wish. If you file it in a court or tribunal, it is recommended you keep a copy for your own records.
It is recommended that you keep a copy of the original affidavit for 7 years after you file it in a court or tribunal—especially if you file it electronically.
If you signed an affidavit in the circumstances below, you must keep your affidavit for at least 7 years after you filed it in the court of tribunal.
You may wish to execute 2 original affidavits so you can file an original copy and keep an original copy for your records.
Ask the relevant court or tribunal registry about how many originals and copies you need. For example, you may need to provide the original and several copies to the court for sealing. This is so you can serve those additional sealed copies on the other parties to the proceeding.
Affidavits, 03 Feb 2025, [https://oss-uat.clients.squiz.net/law/legal-mediation-and-justice-of-the-peace/making-important-legal-documents/affidavits]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://oss-uat.clients.squiz.net/law/legal-mediation-and-justice-of-the-peace/making-important-legal-documents/affidavits.