Can i witness an affidavit

A person making an affidavit must take an oath on the Bible or other religious book, or make an affirmation that the contents are true and correct, in the presence of a person who is authorised to receive affidavits. A senior officer of a Council as defined in the Local Government Act A minister of religion authorised to celebrate marriages. A member or a former member of either House of the Parliament of Victoria. A member or a former member of either House of the Parliament of the Commonwealth.

A person who holds an office in the public service of Victoria that is prescribed as an office of which the holder may witness statutory declarations. A fellow of the Institute of Legal Executives Victoria. This page considers:. The following notes came from the Victorian Department of Justice, and we have reproduced them in an essentially unedited form.

Statutory Declarations Statutory declarations are used for many purposes, such as: to verify insurance claims proof of age applications for sick leave or various types of benefits, and for many other day to day business or personal matters. To do this, you lodge the affidavit with the appropriate court office paying the relevant fee to lodge it and send a duplicate to the other party in the case.

Some cases do not involve an oral hearing with witnesses giving evidence in court. Instead, these cases are dealt using only affidavits.

For example, if the plaintiff issues a summary summons , it will be accompanied by an affidavit setting out the facts of the case. The defendant can then respond by affidavit. The judge may be able to decide the case by reading the affidavits, which is a quicker and less expensive procedure.

The evidence the witness gives must be set out clearly in numbered paragraph format. The language can be less formal than the language used in formal pleadings.

The rules for affidavits are set out in the court rules for the Superior, Circuit and District courts. From 31 March , it is possible to swear affidavits for use in the High Court, Court of Appeal or Supreme Court by video-conference where it is not practicable for the witness to attend in person with the Commissioner for Oaths or practising solicitor who is to verify the affidavit.

It may not be practicable due to travel restrictions or some other issue, including health issues, which affect the ability to meet in person. The reason for the inability to meet must be set out in the affidavit. The affidavit is then sent to the Commissioner for Oaths or practising solicitor who confirms compliance and countersigns the affidavit. When swearing an affidavit in person or by video-conference, the steps involved should be explained to you by the Commissioner for Oaths or practising solicitor.

Affidavits and statutory declarations are examples where you set out your evidence in a written form and sign in front of a person who is authorised to take declarations and administer oaths. An affidavit, setting out your evidence, may be either sworn on oath or by way of affirmation before an authorised person. An affirmation is an oral statement declaring that the written contents are true, instead of taking an oath.

A statutory declaration is a written statement signed in front of an authorised person and declared to be true. You must not sign the affidavit or statutory declaration until you are with the person who will take your oath. If an affidavit refers to any additional documents, you must attach those documents. These extra documents are called exhibits.