affidavit

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
An affidavit ( (listen) AF-i-DAY-vit; Medieval Latin for he has declared under oath) is a written statement of fact voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath or penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
Affidavits may be written in the first or third person, depending on who drafted the document. The document's component parts are typically as follows:

a commencement which identifies the "affiant of truth", generally stating that everything in it is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying that the affiant made oath and the date;
signatures of the author and witness.If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

View More On Wikipedia.org
  1. I

    QLD Would police take action if I complain about a false affidavit?

    I am in N.S.W. To cut a long dog story short I had two valuable working dogs stolen just before the border between N.S.W. and Qld was closed and I was then unable to travel to Queensland to make a complaint to police and retrieve my dogs. During Covid all I could do was try to find out if my...
  2. Dpj

    VIC Filing of a 2nd affidavit pre interim hearing

    Hi, I have consent orders (2021) but am back in court. I have filed an affidavit in an initiating application. I have filed orders sought on a interim basis with final orders to be decided upon expert reports, etc. There are a few matters that have come up since my filing of the affidavit...
  3. I

    NSW Can I publish a person's affidavit on a Facebook page?

    I am in N.S.W. I had trouble with people in Queensland who stole two working dogs from me. Long story but that's the gist of it. In searching for my dogs I contacted some of their older children who had left home, and was told they abuse their children. I contacted past employers and a landlord...
  4. A

    VIC Affidavit as a Respondent

    I am the respondent of a parenting order issue. Do I need to address all points of the Applicant's affidavit? Can I include any other points?
  5. P

    QLD affidavit for final orders if interim orders are already in place

    I am coming up to a final hearing trial in just over a months time. I was in court for a final hearing december 2021 and the outcome was interim orders agreed between all parties before the judge'. i have just recently started self representing because of the financial costs of this whole...
  6. M

    VIC I filed an affidavit for initial application and found typos in affidavit after I filed it.

    Hi there, I recently filed an Affidavit in support of Initial Application. But I noticed 4 typos in my affidavit after I had filed and served the affidavit. two typos contain incorrect "year". How and when can I seek the typos to be amended? Thanks
  7. C

    How do I insert text messages into affidavit?

    Hi all I am writing affidavit and rely upon text messages to prove certain events. Can I add them within the affidavit? For example - On 23 May 2022, the respondent sent me a text message stating, "You can't have the kids this weekend as we want to go away". Is that how you would do it? Or do...
  8. P

    VIC What to include as an annexure

    Hi, I have a 20 page affidavit for an initiating application. It makes numerous references to emails, text. Is it necessary to include all of these as Annexures, or should I restrict annexures to school reports, medical reports and the like? Many of the emails are from the other party.
  9. here we go

    NSW Is it legal to file affidavit in civil court case while fail to appear in separate criminal matter

    Is it legal to file affidavit in civil court case NSW SUPREME ,, while fail to appear in separate criminal matter, MAGISTRATE
  10. Rose N Silk

    QLD Defamation in an affidavit (QCAT matter dismissed) what action can be taken?

    A friend was recently involved in a residential matter that went to QCAT. A few days before the QCAT hearing they received copy of an affidavit full of half truths, lies and challenging allegations that were base and demeaning and could hurt their work prospects in the future. The writer of...