FAQ - Affidavits

An affidavit is a written document to be presented to a court as evidence. An affidavit must contain a personal and factual account of events in numbered paragraphs relating directly to the issue to be decided upon by the court or tribunal.

An affidavit is sworn or affirmed by the deponent before an authorised person. A Justice of the Peace is an authorised person.

Although the format of affidavits may differ depending on the purpose, when witnessing an affidavit the JP will usually:

• scan the affidavit to ensure it is in the proper form and does not contain any blank spaces that could be filled in after swearing
• confirm the deponent understands the content of the affidavit and the nature of the oath/affirmation and warn the deponent of the consequences of making a false statement
• witness the deponent sign the affidavit and administer an oath or affirmation
• endorse any exhibits attached to the affidavit
• complete a statement (termed a jurat) at the end of the document that sets out the place the affidavit is made and the date on which it was made.

You can help us help you if you:

• bring the completed, but unsigned, affidavit
• bring photographic identification such as drivers’ licence, Proof of Age card or passport.

Visit the ACT Government Legislation Register website and you will be able to download a blank affidavit form to complete or your solicitor will complete the affidavit for you.

No, you need to bring your prepared affidavit to the Justice of the Peace. The JP will check that it is in the proper form, but it is your responsibility to prepare the document.

You will need to provide the Justice of the Peace a photographic form of identification such as Driver’s licence, passport or a Proof of Age card.

If you wish to swear an oath on a holy text other than a bible, you should also bring the text.