Evidence in the Federal Circuit Court is usually given by affidavit. An affidavit is a written statement that is sworn or affirmed to be true. The judge in charge of your case may have made orders that:
You should get
legal advice before preparing an affidavit.
1. Applicant's affidavits
2. Respondent's affidavits
3. Applicant's affidavit in reply
You can get a blank affidavit form from:
The first page of an affidavit will be similar no matter who makes it. It needs to contain the details of the registry, file number and parties, which will be the same for each affidavit used in a case.
After the details of the case, you would put:
Affidavits should be divided into numbered paragraphs. Each paragraph should be in date order, from the oldest event to the most recent event.
If you want to include a document or object as part of your evidence, you can 'annex' or 'exhibit' it to your affidavit. Annex means to attach it to the back of the affidavit, and then it becomes an 'annexure'. An exhibit is referred to in the affidavit but is not attached to the affidavit. Annexures are used for smaller documents while exhibits can be used for larger groups of documents and objects.
The annexure would then be attached to the back of the affidavit.
You can include evidence of conversations if they are relevant. Affidavits should be written in the first person (from the point of view of the person making the affidavit) and using the word 'I'. If the affidavit refers to a conversation, you should write down the exact words used by the people in the conversation.
Once you have included all the evidence you want in your affidavit, you need to sign it in front of a witness. The witness should be either a lawyer (including solicitors and barristers) or a Justice of the Peace. You and the witness should sign every page, including the last page.
You and your witnesses should only put facts that you have direct knowledge of in your affidavits. A person has direct knowledge of something if they saw or heard it.
To see what an affidavit could look like, see
An affidavit should not include:
The respondent's affidavits will be similar to yours. The first page will have the same details about the registry, case number and parties. It will have different details at the bottom of the first page because it will be filed on behalf of, and prepared by, different parties.
Because the respondent's affidavits are usually written after having read yours, they may refer to sections of your affidavits. For example, if an affidavit was being written in response to the sample above by Gary Irons, the other person involved in that conversation, it might say:
The judge may make an order about you filing and serving affidavit evidence in reply to the respondent's affidavits. If there is anything raised in the respondent's affidavits you don't agree with, you can prepare affidavits to specifically deny those parts.
Continuing with the example above, the applicant may write an affidavit in reply to the affidavit of Gary Irons. It might say:
For answers to commonly asked questions, see
Going to the Federal Circuit Court - Frequently Asked Questions.