Affidavit

An Affidavit is: "A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath." Black's Law dictionary.

It is a statement of facts, of which you have first hand knowledge, typically witnessed in front of a JP. Note that there are severe penalties for false claims. An affidavit should have 3-4 key points, and include your name and address and signature.

## Example Affidavit

**State of South Australia - Oaths Act 1936**

[in force 24th November 2003]

[Notice to Agent is Notice to principle and Notice to principle if Notice to Agent]

[This document is a matter of public record]

Dated: 28th day of December 2020

Reference No: 0010

Case No: [SSXX 1000 of 2020]

i; a man,

John Michael Smith

[25] Main Street

Maslin Beach [5170]

South Australia

(Deponent)

Vickie Chapman

Office of Attorney General

[10 Franklin St. Adelaide]

(Respondents)

Opening Declaration

I, a man, John Michael of the house of SMITH currently domiciled at 25 Main Street, Maslin Beach South Australia and currently do solemnly and sincerely swear and declare with good faith, without prejudice under the penalty of perjury in the state of South Australia, and

Fact [1] I was born on the third day of December in the year nineteen hundred and seventy five and am age of consent, am of sound mind and reason and do currently sincerely and honestly affirm the present instrument to be my own words, written by me, given freely without duress and expressing accurately to the best of my ability, the facts herein of which I have witnessed first-hand; and

Fact [2] I decline any consent to inoculation, vaccination or medical procedure without my express written consent; and

Fact [3] This affidavit must be rebutted point by point with specificity under the penalty of perjury in the state of South Australia within 21 days or it stands as fact; and;

Fact [4] this constitutes a formal and binding agreement; and

Fact [5] all facts and circumstances deposed herein are with my own knowledge and expertise such as deposed herein which is from information only in accord with my reasonable knowledge and sources of information as appear within this present affidavit.

Sworn

By the above-named deponent,

At.....................................[Autograph of deponent]................................. John Michael Smith

On.........................................Before me......................................... JP

**Instructions in South Australia, refer** http://www.courts.sa.gov.au/

* Each page of the affidavit, including any exhibit(s), must be consecutively numbered starting with page 2.
* The affidavit should be confined to facts and should not include submissions.
* The affidavit should not reproduce material already contained in affidavits or other material already filed in the matter. It should not exhibit documents already exhibited to affidavits filed in the matter. In both cases it is sufficient to simply refer to such material or documents and the place where they may be found.
* An exhibit to an affidavit must be clearly marked to identify it as the exhibit referred to in the affidavit.
* A single ‘front page’ must be inserted in front of the exhibits in form 14.
* Each page of the affidavit (but not any exhibit) must be signed by both the deponent and the witness.
* An affidavit is to be sworn if it is made in this State in accordance with section 6 of the Evidence Act 1929 or, if made elsewhere, in accordance with the law for the taking of oaths or the making of affirmations in that place.
* The deponent must swear or affirm the affidavit before a person authorised by law to witness the swearing or affirming of affidavits (‘the witness’). Persons authorised to witness an affidavit are:

(a) a Registrar or Deputy Registrar

(b) any other officer of the Court whom the Registrar has assigned for this purpose;

(c) a public notary;

(d) a commissioner for taking affidavits;

(e) a justice of the peace for South Australia;

(f) any other person authorised by law to take affidavits.

* The contents of an affidavit cannot be altered after the affidavit has been sworn or affirmed.
* The party serving an affidavit must serve copies of all exhibits with the affidavit.

### Fee Schedules

Click to download this example fee schedule: File:Fee schedule a5 20110816 01.pdf

## RESOURCES

Blacks' Law Dictionary 4th :File:Black'sLaw4th.pdf