Affidavits

Affidavits are most commonly used in legal proceedings. They are made in writing and the person making the affidavit must take an oath or make an affirmation that they believe the contents are true and correct. An affidavit can only be made by a natural person.

Affidavits for use in Tasmania, but completed outside the State may be witnessed by a Justice of the Peace in another State or of any part of Her Majesty’s dominions (when taken in that place) or by Australian consular officers or certain diplomatic officers of any part of Her Majesty’s dominions.

Once completed and signed before the authorised witness, the person making the affidavit would normally hold the bible or the new or old testament or the Koran or other holy book in his or her uplifted hand and say words to the following effect – “I swear by almighty God that this is my name and handwriting, and that the contents of this my affidavit, are true and correct in every particular (and if there are exhibits), and these are the exhibits referred to therein.”

The witness must type, write or stamp their name and address below their signature.

An affirmation has the same legal effect as an affidavit, but is not taken on the bible and does not refer to God.