Affidavits

If you sign the affidavit electronically, you will also need to indicate that:

If your affidavit was signed or witnessed over audio visual link, you will need to indicate that:

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.

Information the witness must include

The witness must also include particular information on the affidavit. See the Witness information for statutory declarations or affidavits fact sheet for more information.

Forms to help you write an affidavit

There are 2 key affidavit forms that will help you insert the right information into your affidavit under the Uniform Civil Procedure Rules 1999:

• Form 46 (DOCX, 28KB)
• Form 1A (DOCX, 26KB)—this form provides the signature block (called the jurat) that should be used. You should also copy this into other court forms that have an affidavit if you’re
  • signing it electronically
  • getting it witnessed over audio visual link.

Make sure you use the right affidavit form for your particular proceeding in the relevant court or tribunal.

Annexures and certificates of exhibits

Annexures

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:

• financial statements
• medical records
• reports
• photographs
• other copies of relevant documents.

Annexures are usually marked with letters (A, B, C, etc). You can also use numbers (1, 2, 3, etc) or other references.

Certificates of exhibit

Under the Uniform Civil Procedure Rules, each annexure (or exhibit) must:

• have an identifying mark on it—such as a letter or number
• be accompanied by a certificate of exhibit in the approved form.

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:

You and your witness should sign the endorsement.