Ruqayyah Snyder
An affidavit is a written statement prepared by a party or witness that presents facts and evidence relevant to a legal case in Western Australia. It is a crucial document in court proceedings and must be prepared carefully. While individuals can draft their own affidavits, seeking legal advice is often recommended to ensure compliance with formatting and content requirements. This paragraph will provide an introduction to the topic of how to write an affidavit in Western Australia, covering the definition, purpose, and potential complexities of the process.
| Characteristics | Values |
|---|---|
| Definition | A written statement prepared by a party or witness to present evidence (facts of the case) to a court |
| Content | All facts relevant to the case; must support the orders being asked of the court; must contain all evidence being relied upon |
| Length | Should not be lengthy; in family law proceedings, should not exceed 25 pages in Division 1 of the Court, or 10 pages in Division 2 |
| Format | Typed in size 12 font, printed on one side of white A4 paper with black ink; divided into numbered paragraphs; each page numbered and stapled at the top left corner |
| Supporting documents | If referring to a document, a copy must be attached (known as an annexure or exhibit) |
| Affidavits by witnesses | Should only be filed if the evidence is relevant to the case; a child under 18 should not prepare an affidavit unless ordered by the court |
| Affidavits by experts | May include opinions, e.g., from a psychologist or licensed valuer |
| Affidavits by illiterate or vision-impaired persons | An alternative jurat is supplied at the bottom of the form |
| Affidavits for death certificates | Must include the precise date of death; if unknown, state the estimated date and how it was estimated |
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What You'll Learn
Formatting requirements
Affidavits must be typed, not handwritten, on white A4 paper using a font size of at least 12 points and black ink. Each page must be numbered and stapled at the top left corner. If printed on one side only, use size 12 font. Number the paragraphs and divide them into topics or subject matter with separate headings. Each paragraph should ideally cover a single topic.
The affidavit should include all facts relevant to your case and the evidence you are relying on. Avoid including opinions unless you are an expert witness, such as a psychologist or licensed valuer. Do not refer to facts based on information from others (hearsay evidence) unless legally advised that it would be admissible in court.
If referring to a document, attach a copy to the affidavit (known as an annexure or exhibit). In family law proceedings, the affidavit must not exceed 25 pages with no more than 10 annexures if filed in Division 1 of the Court, or 10 pages with no more than five annexures if filed in Division 2.
If you are illiterate, vision-impaired, or unable to sign due to a lack of English proficiency, an alternative jurat is supplied at the affidavit's bottom.
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Content and structure
An affidavit is a written statement prepared by a party or witness that presents evidence (facts of the case) to a court. It should be noted that an affidavit is treated as if the improper parts do not exist. If you believe words should be struck out of an affidavit, you need to state your objection in writing to the court and the other party at least 14 days before the trial.
Affidavits should be concise and focused on relevant facts. They should generally avoid opinions, unless given by an expert witness, and hearsay evidence. If you are unsure about what to include, seek legal advice.
The affidavit must be typed, not handwritten, in black ink on white A4 paper with size 12 font and with each page numbered consecutively. It should be divided into paragraphs that are also numbered. Each paragraph should ideally cover a single topic or subject matter, with separate headings to break up topics. If you are relying on evidence from a third party, you must file a separate affidavit on their behalf.
If referring to a document, you must attach a copy to the back of the affidavit. If the affidavit is in support of an application for interlocutory orders, it must not exceed 25 pages in Division 1 of the Court or 10 pages in Division 2.
In the case of a death, the death certificate's date of death must be included in the affidavit unless you believe it to be incorrect. In that case, you must state what you believe to be the correct date and explain why.
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$15.99
Affidavits for witnesses
An affidavit is a written statement prepared by a witness that presents evidence (the facts of the case) to a court. It is a serious undertaking, as it is treated as if it were said directly to a judicial officer while in the witness box in court.
If you are relying on evidence from a witness to support your case, you will need to file a separate affidavit on their behalf. For example, you would need to file an affidavit if you want the court to consider evidence from a family member, friend, or professional. You should only file an affidavit by a witness if the evidence is relevant to your case. Affidavits by witnesses will be discussed with the judicial officer as your case progresses.
There are some exceptions to who can prepare an affidavit. Unless a court orders otherwise, a child (under the age of 18) should not prepare an affidavit to support your case. If the person making the affidavit is illiterate, blind, or physically incapable of signing, the authorised witness must certify that the contents of the affidavit are true. If the person does not have a strong command of English, an interpretation or translation must be given in a language they understand, and the interpreter/translator must certify that the affidavit has been interpreted/translated.
There are some general rules about how to write an affidavit. The affidavit must be divided into paragraphs and should not be lengthy. It should include all the facts that are relevant to your case. It should be typed in size 12 font, printed on one side of white A4 paper, with black ink, and each page numbered consecutively. Each paragraph should cover one topic or subject matter, and you can create separate headings to break up topics. You must attach any documents referred to in your affidavit to the back of it.
In family law proceedings, there are some additional considerations. There is a limit to the number and length of affidavits: one affidavit from yourself, and one from each witness. Each affidavit must not exceed 25 pages in length or contain more than 10 annexures if filed in Division 1 of the Court, and must not exceed 10 pages or contain more than five annexures if filed in Division 2 of the Court.
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Affidavits for illiterate/vision-impaired people
An affidavit is a written statement prepared by a party or witness that presents evidence (the facts of the case) to a court. Affidavits are usually typed and divided into paragraphs. They should not be lengthy as long as they include all the facts that are being relied on as evidence.
An alternative jurat is supplied at the bottom of the affidavit form for persons who are illiterate, vision-impaired, or otherwise unable to sign an affidavit. For more information about the requirements for an alternative jurat, please see rule 8.17 of the Family Law Rules or rule 15.14 of the General Federal Law Rules.
If you are unable to prepare your own affidavit due to illiteracy or vision impairment, you should seek legal advice. Court staff can help with questions about court forms and the court process, but they cannot give legal advice.
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Including opinions
Affidavits are written statements prepared by a party or witness to present evidence to a court. They are usually based on facts and not beliefs or opinions, except when the person making the statement is an expert such as a psychologist or licensed valuer.
In Western Australia, affidavits must be typed on white A4 paper using at least 12-point font and black ink. Each page must be numbered and the contents divided into paragraphs, with each paragraph also numbered. The person making the affidavit, known as the deponent, must sign at the bottom of each page in the presence of an authorised person, such as a lawyer or Justice of the Peace. If you are overseas, a Notary Public or Australian Diplomatic/Consular Officer can witness the signature.
The final page of the affidavit, known as a jurat, must include the full name and signature of the deponent. If you are attaching any documents as evidence, such as a contract of sale or a child's school report, you must refer to them in your affidavit and attach them to the back.
In some cases, you may need to rely on hearsay evidence or include opinions in your affidavit. If you are unsure whether this is admissible in court, it is important to seek legal advice.
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Frequently asked questions
An affidavit is a written statement prepared by a party or witness that presents evidence (facts of the case) to a court.
An affidavit must be typed in black ink, size 12 font on white A4 paper. Each page must be numbered and stapled at the top left corner. The affidavit must be divided into numbered paragraphs, and ideally, each paragraph should cover a single topic.
An affidavit is a statement of facts, so you should include all facts relevant to your case. Avoid including opinions unless you are an expert witness, and avoid hearsay evidence unless advised otherwise by a legal professional. If you are referencing a document, you must attach a copy.
