Affidavits

Making an affidavit

You can make an affidavit in a few different ways.

In person

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.

Preparing to meet

Before you meet with your witness, you should:

  1. ensure you are using the correct form for the relevant court or tribunal
  2. complete your affidavit, but do not sign it yet—your witness must see you signing the form so only sign it when you are with them.

When you meet

When you meet with your witness:

  • bring your proof of identity—they will need to verify who you are
  • answer their questions—they need to ensure you understand the nature and contents of the document and that you are making it freely and voluntarily.

Audio visual link

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:

  • Zoom
  • Skype
  • Microsoft Teams.

You must use both video and audio in the meeting.

Before meeting online

Before meeting your special witness, they may:

  • ask you to send them a copy of your affidavit
  • let you know what software and technology options are available.

In the online meeting

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.

In this guide:

  1. Download an affidavit form
  2. A witness for an affidavit
  3. Information an affidavit must include
  4. Making an affidavit
  5. Oaths and affirmations for an affidavit
  6. Signing an affidavit
  7. After an affidavit is made

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