Affidavits, statements and statutory declarations
If you are involved in a court case, you might have been told to prepare written evidence. There are three main ways of providing that evidence: affidavits, statements and statutory declarations. The type of evidence that you write will depend on your specific situation and any orders that have been made.
If no court case has been started, a statutory declaration can be used as evidence. If you are involved in a court case in the Local Court of NSW, statements are often used so that each party knows what evidence the other party has. If you are involved in a case in the District or Supreme Courts of NSW, or in some Federal Courts, affidavits, which contain sworn, written evidence, are often used.
For more information on how to write each of the three types of written evidence, click on the following links:
If you need to put evidence in writing, you should get
legal advice. If you need to make a statutory declaration or affidavit, you will need to get a Justice of the Peace (JP) or lawyer to witness your signature (watch you sign the document to confirm that it was you that signed it).