An affidavit generally has a cover sheet, a body (where you write your statement) and the ‘jur at clause’ (where the affidavit is signed before a witness).
The cover sheet includes:
• a header that shows which court is dealing with the case, a file number for your case, the court registry and date the case started, the hearing date and the hearing time
• names and addresses of the parties in the case
• what the case is about• a statement saying which party the document is being filed for.
The body of the affidavit identifies the deponent (the person signing the affidavit) by name, and their address and job. It also says if the person swears on oath or affirms the contents.
When you swear on oath you swear on a Bible, Koran or other religious book that something is true. If you do not want to do this you can make a statement of affirmation, where you give your word that something is the truth.
The body of the affidavit includes the numbered statements setting out all the relevant facts. It can be long or short.The jur at clause comes at the end of the numbered paragraphs. Here the deponent swears on oath or affirms that the content is truthful in front of a qualified witness.
The usual jurat clause looks like this:‘SWORN by the deponent at [place] the ___ day of _________ 200 __ before me:
[the qualified witness signs and inserts his or her details]’
If the deponent is affirming rather than swearing the affidavit, the word ‘AFFIRMED’ is used instead. If you affirm your first affidavit you should affirm any affidavits you make later on.Sometimes a special jurat clause is needed. For example, where the witness is sight impaired,cannot read or write, or cannot speak English.
Annexures
Annexures are documents which support your application and are attached to your affidavit.Examples of supporting documents could include reports, letters or photos. Annexures are sometimes called ‘exhibits’.
If there are annexures, the person witnessing the affidavit must read or show these to the person who is making the affidavit. The jurat clause needs to be changed to show this has been done.
There must also be a note on each annexure, signed by the person who witnesses the affidavit, identifying the annexure in the same way it is referred to in the affidavit. For example:
This is the annexure marked with ‘JB1’ produced and shown to Jill Bloggs at the time of swearing her affidavit this 15th day of May 200 __ ’.
Tip:Once the documents are complete you must sign and date every page. Sign the originals in a blue pen so you can tell the original from the copies.Read the Family Law Rules at 15.12 for rules about annexures including page numbering,indexing, cover sheets and how thick annexures can be.
This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family law lawyer.
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