affidavit

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An affidavit ( (listen) AF-i-DAY-vit; Medieval Latin for he has declared under oath) is a written statement of fact voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath or penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
Affidavits may be written in the first or third person, depending on who drafted the document. The document's component parts are typically as follows:

a commencement which identifies the "affiant of truth", generally stating that everything in it is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying that the affiant made oath and the date;
signatures of the author and witness.If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

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  1. C

    How do I insert text messages into affidavit?

    Hi all I am writing affidavit and rely upon text messages to prove certain events. Can I add them within the affidavit? For example - On 23 May 2022, the respondent sent me a text message stating, "You can't have the kids this weekend as we want to go away". Is that how you would do it? Or do...
  2. P

    VIC What to include as an annexure

    Hi, I have a 20 page affidavit for an initiating application. It makes numerous references to emails, text. Is it necessary to include all of these as Annexures, or should I restrict annexures to school reports, medical reports and the like? Many of the emails are from the other party.
  3. here we go

    NSW Is it legal to file affidavit in civil court case while fail to appear in separate criminal matter

    Is it legal to file affidavit in civil court case NSW SUPREME ,, while fail to appear in separate criminal matter, MAGISTRATE
  4. Rose N Silk

    QLD Defamation in an affidavit (QCAT matter dismissed) what action can be taken?

    A friend was recently involved in a residential matter that went to QCAT. A few days before the QCAT hearing they received copy of an affidavit full of half truths, lies and challenging allegations that were base and demeaning and could hurt their work prospects in the future. The writer of...
  5. J

    QLD Fraudlent Affidavit over court case to recover debt

    Hello, I have a slightly odd case that I am needing some help with. I enrolled my boys into a private school, at the time I was using the boys child support to cover the school fees. The boys father then stopped paying child support and I fell behind in school fees. I was offered by the school...
  6. DaniDee

    QLD Pleadings

    Current situation Statement of claim Defence & Counterclaim NNPD's Plaintiff files affidavits Defendant files affidavits Defendant requests amending defence & counter claim - court approves Seeking clarification: I am currently amending my defence and counterclaim, am I able to utilise content...
  7. J

    VIC Valid / legal affidavit?

    Is an affidavit without a signature of an authorised witness still a legal document? And can it be relied at the hearing?
  8. J

    WA When does an Affidavit need to be lodged with a court?

    If I serve an affidavit on a person is there an obligation to also lodge it with a court? My reason would be that if I may be satisfied with the response.
  9. J

    NSW Affidavit lying

    I’ve had an interesting encounter today. And just a wtf moment.. So last year my ex broke into my home one morning whilst he was highly intoxicated, breaching a very strict ADVO I had in place after he threatened my life. The morning he broke in, I had woke up to him climbing into my bed...
  10. M

    WA Total confusion with late Response to Initiating Application and supporting Affidavit

    I applied for Final Custody for my son in December 2020 after Mother surrendered him to me Feb 2020. What I didn't know was that she had filed a Recovery Order in late February 2020 that the Magistrate threw out because she surrendered him. Initial hearing was March 2021 and I was granted...