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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