Understanding Affidavit, Statutory Declarations, and Statements of Evidence

Jan 07,2025

understanding-affidavits-statutory-declarations-statements-of-evidence

Navigating legal documents can be confusing, especially when terms like affidavit, statutory declaration, and statement of evidence are used interchangeably. While they all serve to present evidence, they each have unique roles in the legal system. At Bansal Lawyers, we’re here to simplify these terms and guide you through the process.

1. Affidavit: A Sworn Statement of Fact

An affidavit is a written declaration of facts that the person (known as the deponent) swears or affirms to be true in the presence of an authorised witness, such as a Justice of the Peace (JP), lawyer, notary public, or police officer. It is a formal document often used in legal proceedings as a substitute for oral testimony. If the affidavit is accepted by the court and not challenged, it can serve as the witness’s official testimony without the need for live appearance.

Common Uses:

  • Family law matters (e.g., custody, divorce proceedings)

  • Civil litigation

  • Probate and estate matters

  • Immigration and visa applications

How to Make an Affidavit:

  1. Draft the Statement: Clearly write the facts you want to declare. Use numbered paragraphs to make the document easy to read and reference.

  2. Find an Authorised Witness: This could be a JP, solicitor, police officer, or another person qualified under the relevant state or federal law.

  3. Don’t Sign It Yet: Only sign the affidavit in the presence of the witness.

  4. Take an Oath or Affirmation: Depending on your beliefs, you will either swear (religious) or affirm (non-religious) that the contents are true.

  5. Sign in Front of the Witness: The witness will also sign and certify the affidavit.

Note: Making a false affidavit is a serious offence and may result in fines, imprisonment, or charges of perjury.

2. Statutory Declaration: A Legal Declaration Outside Court

A statutory declaration is a written statement that a person solemnly declares to be true, used in non-judicial contexts where there is a legal need to affirm the accuracy of information. Although it is not used in court proceedings, it is still a legally binding document, and false declarations can attract penalties under state or federal legislation.

Common Uses:

  • Confirming identity or address

  • Declaring the loss of official documents

  • Statements for insurance claims

  • Confirming personal details for visa or government forms

How to Make a Statutory Declaration:

  1. Obtain the Correct Form: Different forms may be required depending on the jurisdiction (e.g., Commonwealth vs State).

  2. Complete the Declaration: Include your full name, address, and the statement you are declaring to be true.

  3. Do Not Sign Yet: Wait until you are with an authorised witness.

  4. Swear or Affirm in Front of a Witness: Like with an affidavit, you will either swear or affirm the statement.

  5. Sign in the Presence of the Witness: The witness must watch you sign and then sign and date the declaration themselves.

Penalties for false declarations may include fines or imprisonment under the Statutory Declarations Act 1959 (for Commonwealth declarations) or relevant state laws.

3. Statement of Evidence: A Signed Account of Testimony

A statement of evidence (also known as a witness statement) is a document that records a witness’s account of events relevant to a legal matter. Unlike an affidavit or statutory declaration, it is not sworn or affirmed, but it is still signed and dated by the witness. The person who provides the statement can be called to court to verify the truth of the content under oath during trial.

Common Uses:

  • Civil litigation or tribunal matters

  • Personal injury claims

  • Workplace investigations

  • Criminal cases (preliminary witness interviews)

Key Features:

  • It includes a detailed narrative of what the witness saw, heard, or experienced.

  • The document should be clear, factual, and free of speculation or opinion unless specifically relevant.

  • It is generally prepared by the witness, or with the help of a lawyer or investigator.

  • The witness must be ready to attend court and testify, confirming the accuracy of the statement.

Unlike affidavits, witness statements are not automatically admissible as evidence unless verified in court. However, they are crucial tools in trial preparation and disclosure.

Important: If you make a false statement in an affidavit or statutory declaration, it’s a criminal offense and can result in serious penalties, including imprisonment.

Conclusion

Understanding the difference between these legal documents is key for anyone involved in legal matters. Whether you need to make an affidavit, statutory declaration, or statement of evidence, Bansal Lawyers is here to help guide you through the process and ensure your documents are accurate and legally sound. Contact us today for professional advice!