Return to normal view

Commonly Used Terms

The following list of commonly used terms refers to affidavits and statutory declarations:

Affidavits

An affidavit is a written document that is sworn on oath or affirmed as being true and correct. It is made by a person who is authorised to take an oath or affirmation. Affidavits are mainly used in legal proceedings.

Affirmations

An affirmation is a formal declaration, with the same effect as an oath, made in place of an oath if a person objects to taking an oath or finds it contrary to their religious beliefs. If a person wishes to make an affirmation, they will be asked to repeat the following:

“I [name of person making affirmation] do solemnly, sincerely and truly, declare and affirm that this my affidavit is true and correct and is signed with my name and usual signature.”

Oaths

An oath is a spoken promise to tell the truth. Oaths are made while holding the Bible, the New Testament, the Old Testament or other appropriate religious text.

Statutory declarations

A statutory declaration is a written statement that the person making the declaration signs and declares to be true and correct before an authorised witness.

Authorised Person

Anyone authorised to witness statutory declarations and take affidavits, as defined by the Evidence Act 1958.

Deponent

A deponent is the person who is swearing the affidavit.

Exhibits

Affidavits may refer to documents titled 'exhibits', which will be distinguished by letters or numbers, for example 'A', 'B' and 'C'.

Jurat

The certification at the end of an affidavit, which states when and where the affidavit was sworn or affirmed, and by whom, followed by the signature, address and title of the person the affidavit was sworn/affirmed in front of. A jurat will usually take the following form:

“Sworn / Affirmed at [insert suburb or town] in the State of Victoria, this [insert day] day of [insert month] [insert year].
Before me [signature of person receiving the affidavit].”
[Print, stamp or type name, address and title of witness underneath signature of person receiving the affidavit]