Last Updated February 28, 2024
Alternate Names:
An Affidavit is also known as a:
- Sworn Statement
- Statement Under Oath
- Notarised Statement
What is an Affidavit?
An Affidavit is a legal document where a person records a statement of facts that they know to be true. Once the statement of facts has been written you must swear them to be true in front of someone who is authorised to administer oaths (like a lawyer or Justice of the Peace).
An Affidavit is often used as evidence in a court case. Because a person is under oath when making a statement in an Affidavit, they are subject to charges of perjury (i.e. the crime of willfully making a false statement during legal proceedings) if their statement is found to be untruthful. Penalties for perjury may vary depending on jurisdiction but could include fines, imprisonment, or both.
Where can I use LawDepot's Affidavit?
LawDepot's Affidavit form is tailored to meet the governing laws in Australian states and territories, including:
- Australian Capital Territory (ACT)
- New South Wales (NSW)
- Queensland (QLD)
- South Australia (SA)
- Tasmania (TA)
- Victoria (VIC)
- Western Australia (WA)
Who are the parties involved in an Affidavit?
There may be several parties involved in an Affidavit:
- Deponent: The deponent, also called the affiant or declarant, is the person who writes the Affidavit. The deponent must be of sound mind, meaning they have the mental competency to create contracts and perform their civil duties.
- Authorised Witness: An authorised witness is a person who has the legal authority to witness and authenticate documents, administer oaths, and take affidavits and depositions; this person must provide their signature and details of their position on the Affidavit to authenticate it.
- Plaintiff: The plaintiff is the party who initially files a lawsuit. They are generally listed first in the case name. For example, Jane Doe is the plaintiff in the court case of Jane Doe v John Smith.
- Defendant: The defendant is the party against which a lawsuit is brought. They are generally listed second in the case name. For example, John Smith is the defendant in the court case of Jane Doe v John Smith.
The parties involved in your Affidavit will depend on your reasons for creating it. If the Affidavit is in relation to a court case, it's likely that a plaintiff and defendant will be mentioned. Additionally, the cover page of the case will typically list each plaintiff and defendant (or plaintiffs and defendents, if there are more than one).
When filling out LawDepot's Affidavit form, be sure to include the following information:
- Personal details: Personal details include your full name, the city and state where you live, a brief background description of yourself, and your reasons for filing the Affidavit.
- Statement of facts: Your statement can include facts (listed in chronological order) and exhibits (additional documents like a chart, map, or photo that the court may refer to for inspection).You should include only facts in your Affidavit. A fact is information based on real events or occurrences, whereas an opinion is a judgement or belief that is not supported with tangible evidence.
- Case details: Case details include the court and jurisdiction where the Affidavit will be used (found on the first page of case documents), the case ID number (found in the upper right-hand corner of case documents), and the full names of the plaintiff and defendant. If you do not know the case details, select "No" when prompted for the information in the questionnaire.
- Venue details: The venue is the court and jurisdiction where the Affidavit will be used. If the Affidavit is used outside of court, you can enter the information of the statutory body (an organisation legally empowered to enforce laws on behalf of the relevant government, e.g. VicRoads, the road and traffic safety authority in Victoria) the Affidavit is being submitted to.
While an Affidavit is most often used in court, you can still use this form when filing a statement of facts outside of court.
What is an Affidavit used for?
An Affidavit can be used in situations that require you to state the truth. For instance, an Affidavit could be used when you are applying for a government job, clarifying a non-legal name change, or reporting an identity theft. However, affidavits are often used as evidence in legal proceedings and court cases. For instance, you can use an Affidavit in the following scenarios:
- When you are probating a Last Will (confirming a Last Will is legally valid) and need to identify your relationship to the Will maker
- When you want to confirm property ownership when a certificate of title is lost or destroyed
- When you want to prove that certain documents were served (delivered) to another individual in a court case (such as a separation or divorce)
- When you are sponsoring an immigrant and need to prove you can financially support them during the permanent resident application process
- When you are acting as an agent in a Power of Attorney on someone's behalf and need to prove that you were granted this power and that it has not been revoked
