Making an affidavit
Part of the Statutory declarations and affidavits topic
Understand the process to making an affidavit in person or electronically, and download the form.
On this page
In short
Use this guide to help you understand the process to making an affidavit, and whether you want to do it in person or electronically. There are steps you must follow on how to make the document lawfully and accurately.
What you should know
An affidavit is a written statement that is sworn on oath or affirmed to be true and correct in the presence of an authorised adult or, in some instances, a special witness.
Who can witness your affidavit depends on:
- how it is signed—on paper or electronically
- how it is witnessed—in person or by audio visual link.
Affidavits are used to give evidence in a court or tribunal. Sometimes they can be used instead of someone appearing as a witness in person and giving evidence.
A person making an affidavit—and the oath or affirmation—is called a signatory or deponent.
You can make an affidavit if you are the:
- signatory, or
- deponent.
An oath is a religious solemn promise. An affirmation is a non-religious swearing of the truth.
When someone makes an oath or affirmation, they are making a solemn promise or swearing that either:
- they know the contents of the affidavit are true
- the contents of the affidavit are true to the best of their knowledge, where the contents are stated on the basis of information and belief.
Knowingly making a false statement in an affidavit can be a criminal offence.
Download the affidavit form
There is no one universal affidavit form you must use. The form depends on the:
- court or tribunal
- type of proceeding
- purpose of the affidavit.
You can find the affidavit form relevant to you on the Queensland Courts website.
If you are unsure what form you need, you should seek your own legal advice.
How to make the affidavit
Step 1: Write the statement
Usually, affidavit forms are set up to help you write the correct information into the statement.
If you need help, the Uniform Civil Procedure Rules 1999 form 46 (DOCX, 28KB) will help you insert the right information into your affidavit.
Step 2: Attach supporting documents
Attach any supporting documents needed in the affidavit. These documents are called annexures and can include:
- financial statements
- medical records
- reports
- photographs
- other copies of relevant documents.
If you require an annexure, it must be introduced and described in the body of the affidavit. If a document or writing is referred to in the affidavit, it should also be attached to the affidavit.
Each annexure must:
- have an identifying mark on it—such as a letter or number
- be accompanied by a certificate of exhibit in the approved form
- be signed and witnessed by you and your witness.
You can also use one certificate that lists multiple annexures.
If you provide a certificate of exhibit, you and your witness must sign it. The annexures themselves do not need to be individually signed or initialled.
If you do not attach a certificate, you and your witness should endorse the annexure’s first page with wording such as:
‘This page [and pages XX to XX] are the particulars marked “….” referred to in the affidavit of … sworn/affirmed on [insert date of swearing/affirming].’
You and your witness should sign the endorsement.
Step 3: Find a special witness
Find a special witness to witness the affidavit electronically.
See Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Step 4: Arrange an online meeting
Arrange an online meeting with your special witness. You may need to send them a digital copy of your completed affidavit.
Step 5: Make the oath or affirmation
You will need to take an oath or affirmation to confirm the affidavit is either:
- true
- true to the best of your knowledge if stated on the basis of information and belief.
The witness will ask you what form of oath or affirmation you would like to make and then administer the oath or affirmation.
Oaths
For a Christian oath, the witness might ask:
‘Do you swear that the contents of this affidavit are true and correct, so help you God?’
Then you might respond with:
‘I swear that the contents of this affidavit are true and correct to the best of my knowledge and belief, so help me God.’
Other religious oaths
If you wish to swear an oath of another religion, you should use wording you believe to be solemn and binding. You can choose to hold your specific religious text while taking an oath.
More information on oaths and affirmations (e.g. what you and the witness might say) can be found in Chapter 4.6 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook.
Affirmations
For an affirmation, the witness might ask:
‘Do you solemnly, sincerely and truly affirm and declare that the contents of this your affidavit are true and correct to the best of your knowledge?’
Then you might respond with:
‘I solemnly, sincerely and truly affirm and declare that the contents of this my affidavit are true and correct to the best of my knowledge.’
Step 6: Sign the affidavit in the online meeting
Sign the completed affidavit electronically during the online meeting with the special witness.
When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the affidavit after you sign it. After you sign, the witness will also need to sign the document.
If signing electronically, you will need to share your screen with the witness. This is so they can see you sign the document with your electronic signature.
If signing on paper, you will need to angle your camera so the witness can see you sign the document. You should hold each page up to the camera so they can see your signature or initials.
After you sign, the witness will also need to sign the document. The witness does not need to sign the same document. They can sign a copy of the document or a counterpart. A counterpart is an identical copy of the document you signed, but without your signature.
Substitute signatory
You can direct another person to sign the document for you. This person is called a substitute signatory.
For example, you can direct someone else to sign for you if you:
- physically cannot sign the document yourself
- have difficulties applying an electronic signature.
You can only use a substitute signatory if you both meet with your witness—not before.
See Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet
Step 1: Write the statement
Usually, affidavit forms are set up to help you write the correct information into the statement.
If you need help, the Uniform Civil Procedure Rules 1999 form 46 (DOCX, 28KB) will help you insert the right information into your affidavit.
Step 2: Attach supporting documents
Attach any supporting documents needed in the affidavit. These documents are called annexures and can include:
- financial statements
- medical records
- reports
- photographs
- other copies of relevant documents.
If you require an annexure, it must be introduced and described in the body of the affidavit. If a document or writing is referred to in the affidavit, it should also be attached to the affidavit.
Each annexure must:
- have an identifying mark on it—such as a letter or number
- be accompanied by a certificate of exhibit in the approved form
- be signed and witnessed by you and your witness.
You can also use one certificate that lists multiple annexures.
If you provide a certificate of exhibit, you and your witness must sign it. The annexures themselves do not need to be individually signed or initialled.
If you do not attach a certificate, you and your witness should endorse the annexure’s first page with wording such as:
‘This page [and pages XX to XX] are the particulars marked “….” referred to in the affidavit of … sworn/affirmed on [insert date of swearing/affirming].’
You and your witness should sign the endorsement.
Step 3: Find a witness
Find an authorised adult to witness the affidavit.
See Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Step 4: Make the oath or affirmation
You will need to take an oath or affirmation to confirm the affidavit is either:
- true
- true to the best of your knowledge if stated on the basis of information and belief.
The witness will ask you what form of oath or affirmation you would like to make and then administer the oath or affirmation.
Oaths
For a Christian oath, the witness might ask:
‘Do you swear that the contents of this affidavit are true and correct, so help you God?’
Then you might respond with:
‘I swear that the contents of this affidavit are true and correct to the best of my knowledge and belief, so help me God.’
Other religious oaths
If you wish to swear an oath of another religion, you should use wording you believe to be solemn and binding. You can choose to hold your specific religious text while taking an oath.
More information on oaths and affirmations (e.g. what you and the witness might say) can be found in Chapter 4.6 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook.
Affirmations
For an affirmation, the witness might ask:
‘Do you solemnly, sincerely and truly affirm and declare that the contents of this your affidavit are true and correct to the best of your knowledge?’
Then you might respond with:
‘I solemnly, sincerely and truly affirm and declare that the contents of this my affidavit are true and correct to the best of my knowledge.’
Step 5: Sign the affidavit
Sign the completed affidavit in the presence of the authorised witness.
When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the affidavit after you sign it. After you sign, the witness will also need to sign the document.
Substitute signatory
You can direct another person to sign the document for you. This person is called a substitute signatory.
For example, you can direct someone else to sign for you if you:
- physically cannot sign the document yourself
- have difficulties applying an electronic signature.
You can only use a substitute signatory if you both meet with your witness—not before.
See Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet
After the affidavit is made
Once you make your affidavit, you can use it how you wish. If you file it in a court or tribunal, it is recommended that you keep a copy of it for your own records.
If you signed an affidavit in the circumstances below, you must keep your affidavit for at least 7 years after you filed it in the court of tribunal—especially if you file it electronically.
- On paper, but your witness signed a different version—keep your original signed affidavit (rule 975F of the Uniform Civil Procedure Rules 1999).
- On paper and you electronically filed a scanned copy with a court or tribunal—keep your paper copy (rule 975C of the Uniform Civil Procedure Rules 1999).
Executing 2 affidavits
You may wish to execute 2 original affidavits so you can file an original copy and keep an original copy for your records.
Ask the relevant court or tribunal registry about how many originals and copies you need. For example, you may need to provide the original and several copies to the court for sealing. This is so you can serve those additional sealed copies on the other parties to the proceeding.
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