Affidavit

An affidavit (pronounced ‘aff-fid-day-vit’) is a written document that gives a truthful version of the facts or events, which is sworn under oath in court. You should think of it as the written version of swearing under oath to tell the truth, just as if you were testifying in a courtroom.

A judge may ask you to prepare an affidavit and submit this to the court and the other party as part of a case. It is a way of obtaining the important information the judge needs to make a decision.

An affidavit must be sworn. This means you have to sign it. By signing it, you are saying that the information is true and that you have personal knowledge of the facts contained in the affidavit. It will then have to be signed by a solicitor or commissioner for oaths. This is called notarising the affidavit. Only when it is signed by a solicitor or commissioner for oaths is it sworn. The College of Notaries has a directory of notaries and their contact details.

You will need to allow enough time for it to be sworn before you have to submit it to the court. There is a fee to have the affidavit notarised.

If you have been asked to prepare an affidavit you may use this downloadable template to help with formatting and structure.

• Contents of an affidavit

  The contents of an affidavit can only be about facts or events that you know about from your personal knowledge. It cannot be hearsay – things other people have told you. It can only be about things you have personally witnessed or been involved in.

  When writing an affidavit, write your account of the facts or the events exactly as they happened. Use plain English. Do not make personal comments about the other party. You can include opinion, but make sure you say that it is your opinion.

• Submitting your affidavit to court

  An affidavit must be sworn. This means you have to sign it. By signing it, you are saying that the information is true and that you have personal knowledge of the facts contained in the affidavit. It will then have to be signed by a solicitor or commissioner for oaths. Only when it is signed by the solicitor or commissioner for oaths is it sworn. You will need to allow enough time for it to be sworn before you have to submit it to the court.

  You will need to submit a minimum of 3 copies of your affidavit: one for the judge, one for the other party and one for you to refer to. If there are other people involved in the case, such as a CCO, you will also need to provide them with a copy of your affidavit.

  You should submit (‘file’) your affidavit to the court.

  You should send a copy to the other party in the case. If they have legal representation then you should send it to their legal representative.

  If you email the document, ask the other party to confirm that they have received it.

  If you send it by post, you may want to obtain proof of postage.

  If you hand deliver the document to the other party, you may want to obtain a receipt.

  If you are unsure of the judge’s directions you should contact the court office, by email in the first instance, cite the case number and ask them to clarify the judge’s directions – see NICTS contact details or Court office emails.

• Adopting an affidavit in court

  An affidavit is already sworn but you may be asked to ‘adopt’ the affidavit in court.

  If you attend court in person you will be called to the witness box to do this. If you attend online, you will be asked to adopt it orally.