affidavit

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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.

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  1. B

    Do I attach the annexures/supporting evidence to affidavit initiating application?

    Hi, I've finalized my affidavit for an initiating application and I have a number of attachments/Annexures as supporting documents referred to in this (which are screenshots of text messages, photographs etc). Do I attached these and lodge these as one file with the affidavit? Also, do all...
  2. L

    QLD affidavit supporting probate application form 105.

    On the Death Certificate for "the cause of death" it is written "progressive severe dementia", but the Will was made 9 years previous when the deceased had full capacity and was without issue, and was signed in front of two JP's at the courthouse. My question is:- On form 105 can I delete clause...
  3. L

    QLD affidavit supporting probate application form 105

    in clause 5 can i completly delete the clause as it does not apply to me as i am the deceased daughter, plus in clause 4 there i s no evidence suggesting lack of testamentery capacity so do i answer clause 4 ? thankyou
  4. F

    NSW Accessing a affidavit filed at the family court NSW

    My ex partner has been embroiled in a custody and property dispute with her ex partner at the family court NSW for just under 2 years . I was recently informed from a friend of my ex that in a recent affidavit that my ex submitted she has made all sorts of false allegations against me from...
  5. sunnyDay

    NSW Webpage as Evidence in Affidavit

    Hi, I am writing an Affidavit for a Tribunal hearing. I am self represented. I am using information from web pages, mostly from the Australian Government, to prove that the facts I rely on are true. What is the correct way to reference a webpage? Currently, I am putting the URL in the...
  6. M

    SA False statements made in Affidavit in AVO

    Hi folks, I have been served with an AVO and upon receiving the evidence against me, like I thought, there was a heap of blatantly false statements made, of which I can prove that are so. Is this enough to fight an AVO?
  7. M

    VIC Do I need to prove every point in affidavit?

    I'm drafting my final affidavit in property matter. I brought x amount of asset into marriage. OP has seen my financial disclosure documents in regards to this assertion and agreed to it. Do I still need to annex such evidence documents into my affidavit so that Judge would know or agree? If...
  8. Z

    VIC What consequence is there when someone submits an Affidavit that utterly untrue?

    I am a single Dad to my amazing 10 year old daughter. My ex and have co parented for 9 years using the same structure. I have my daughter every Fri/Sat/ Sun nights and all public holidays. Share school holidays. Gone reasonably well up until this year, although I would like my ex to show up to a...
  9. S

    QLD Responding to an affidavit

    My question is about responding to an initiating affidavit in the Family Court. Can I respond with 1 affidavit with my argument (5 Annexures - 10 pages)? And then file another with my response to each point: Agreed, Disagree, Noted (5 Annexures - 10 Pages)? Also, I have an important witness...
  10. C

    NSW False allegations/statement in affidavit

    Hey Guys I'm the father self-representing myself in the Federal Circuit Court and looking for some help please, After 5 months , 3 directional hearings and location order, the sheriff finally served the Mother to response the Initiating Application. Because she has been hiding my daughter...