Related Pages
- About Affidavits
- Affidavit Template
- Affidavit in Support of Application for Bail Template
- Bail Applications
- Before and After an Application for Leave to Appeal a Decision of Victorian Civil and Administrative Tribunal
- Court Fees
- Exhibits to an Affidavit
- Form 6-2H Application for Extension of Time to File\Serve Notice of Appeal
- Guide to Preparing and Formatting an Affidavit
- Preparing an Application for Bail
- What is an Affidavit and What is its Purpose
- When Bail is Granted and Surety
Related Publications
- Affidavit in Support of Application for Bail Guide
- Affidavit in Support of having Default Judgment Set Aside Guide
- Checklist for Preparing and Filing an Affidavit
- SUPREME - Civil Litigation Flowchart (PDF)
- Form 43A Certificate Identifying Exhibit Guide
- Form 46A Guide
- Form 5A Writ Guide
- Form 8A Notice of Appearance Guide
- Important Information for People in a Civil Dispute
- Notice of Appeal Against Order of Master Guide
- Notice of Appeal Guide
- Notice of Change of Address for Service Guide
- Notice of Discontinuance Guide
- Notice of Intention to make Application for Bail Guide
- Summons for Taxation of Costs Guide
- Summons to have Default Judgment Set Aside Guide
Web Links and Legislation
Swearing or Affirming an Affidavit
Affidavits for use in a Victorian court are sworn or affirmed before a person authorised by state law to witness affidavits. This person may be a solicitor, an Honorary Justice (formerly known as a Justice of the Peace), or someone belonging to one of the other occupations listed in section 123C of the Evidence Act 1958.
If you affirm your first affidavit, then you should affirm all subsequent affidavits.
At the end of the affidavit there must be a short statement (jurat) indicating before whom, when and where the person making the affidavit has sworn, or affirmed, that the information contained in the affidavit is true.
The authorised person witnessing the affidavit must sign the foot of each affidavit page and each Certificate Identifying Exhibit page. Any minor alterations that have been made to the affidavit, such as the correction of a typing error, must also be initiated by the witness.
An affidavit filed in the Supreme Court Registry must be the original affidavit and not simply a copy of the original. Copies of the affidavit are served on the other parties involved in the proceeding.
Generally there is no fee to be paid when filing an affidavit in the Supreme Court of Victoria.
The Department of Justice web site contains information relating to the preparation and swearing of affidavits.
There are special procedures to be followed in relation to swearing or affirming affidavits with respect to the following groups of people:
- people who are of a culturally and language diverse background
- hearing impaired people
- partnerships and incorporated bodies
- people under the age of 14 years
- people with a physical disability.
Information about swearing or affirming affidavits with these groups is also available on the Department of Justice website