![]() The same way you will speak when you are cross-examined about your affidavit. Write your affidavit using everyday language. Using headings in the affidavit can assist the reader to follow your story. Or, the Registry can send you a blank affidavit for you to complete by hand.Īffidavits contain a series of short, numbered statements.Įach statement should follow logically from the statement before, in date order, and each statement should set out a fact relevant to the case. You can complete the affidavit template on the Supreme Court of Victoria website and then print a copy. The other party will be allowed to ask you questions about its contents during the hearing. Your affidavit will form part of the evidence to support your case. It must be signed under oath or affirmation, which is you saying that the information is true. WHAT IS AN AFFIDAVIT?Īn affidavit is a formal written statement, which sets out facts known to you. This video explains what an affidavit is and how you complete one. ![]() The new affidavit should clearly state whether it is to be read in addition to, or instead of, the previous affidavit. If it is necessary to correct an affidavit in any way, for example by adding additional factual material, you will need prepare, file and serve a new affidavit. Once accepted for filing, the affidavit can be served on the other parties in the proceeding. Any minor alterations that have been made to the affidavit, such as correcting a typing error, must also be initialled by both you and the witness.Īn affidavit to be filed with the Supreme Court will need to be submitted for filing electronically in RedCrest or with the relevant registry as appropriate. ![]() You, as the person making the affidavit as well as the authorised person witnessing your affidavit must sign the bottom of each page and each cover page (the 'Certificate Identifying Exhibit - Form 43A'). This person may be a solicitor a Justice of the Peace, or someone in one of the occupations listed in section 19 of the Oaths and Affirmations Act 2018.Īt the end of the affidavit there must be a short statement (called a 'jurat') that states when and where the affidavit was sworn or affirmed, and by whom. However, you will also need to keep the original with you in case the decision-maker asks to see it during any court hearings.Īffidavits for use in a Victorian court must be sworn or affirmed orally in the presence of an authorised affidavit taker. Instead, you should file a copy document. Generally, the Supreme Court Registry will not allow you to file the original exhibited document with your affidavit (there are some exceptions). ![]() The exhibit must also have a cover sheet known as a Certificate Identifying Exhibit ' Form 43A, which includes the name of the exhibit. Where any document referred to in an affidavit is claimed to be confidential, the affidavit may include an additional ‘confidential bundle exhibit’. (d) bookmark each referenced document in the exhibit with its short-form name (for example, ‘Contract dated 6 April 2020’). (c) have legible page numbers at the bottom right hand corner of each page that correspond with the digital display page numbers of the PDF that commence from the first page of the affidavit to the last page of the bundle exhibit and (b) be in a single fully text-searchable PDF format file, including any bundle exhibit If more than one document is referred to in the affidavit, the documents must be combined into a single ‘bundle exhibit’, ordered in the sequence they are referred to in the affidavit Exhibits are kept with the affidavit while the matter remains in the Court.Īny affidavit that is filed with the Court must: Examples of exhibits might include bank statements, letters, video or reports. write in the first person, using 'I' (or 'we' where appropriate).Īn affidavit template is available to help you.Įxhibits to an affidavit are supporting documents or other form of physical evidence, which help the reader understand the claims being made.keep it as brief as possible, but don't leave out anything which may be important to the particular issues that need to be considered in the case.make sure that each paragraph sets out a specific fact relating to the issue concerned, and that each paragraph follows on logically from the previous one.set it out under a number of headings to make the completed document easy to follow.As affidavits are a form of evidence, there are criminal consequences for making false statements. The contents of an affidavit must be true according to personal, direct and factual knowledge. Further legal requirements are found within the Oaths and Affirmations Act 2018 and related regulations. The legal requirements that need to be followed when preparing an affidavit for use in the Supreme Court of Victoria are set out in order 43, chapter 1 of the Supreme Court (General Civil Procedure) Rules 2015.
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