Witnessing Affidavits, Annexures & Exhibits with a JP
Affidavits are formal sworn statements prepared for use in Australian courts (including the Federal Circuit and Family Court, Supreme Courts, and District Courts). Here is everything you need to know before having your affidavit witnessed by an Australian Justice of the Peace.
Key Steps When Taking an Affidavit to a JP
1. Do Not Sign in Advance
The jurat (the signing clause at the end of the affidavit) must be completed in the physical presence of the JP after you take the oath or affirmation.
2. Bring All Annexures / Exhibits
Every bank statement, text message screenshot, or contract referenced in the affidavit must be physically present so the JP can endorse each certificate.
3. Check Alterations & Erasures
Any crossed-out words or handwritten corrections in the affidavit must be initialled in the margin by both you and the JP.
4. Present Primary Photo ID
Australian regulations require JPs to confirm that your full name on the ID exactly matches the deponent name on the affidavit.
Frequently Asked Questions
What is the difference between an affidavit and a statutory declaration?
An affidavit is written evidence sworn under oath (or affirmed) specifically for court or tribunal proceedings (e.g. Family Court, Federal Court, Supreme Court). A statutory declaration is used for administrative, commercial, and governmental non-court matters.
What is the difference between an oath and an affirmation?
An oath is a religious pledge sworn on a holy book (such as the Bible, Quran, or Torah). An affirmation is a solemn secular pledge with the exact same legal weight, chosen by people who prefer not to take a religious oath.
Can a JP witness annexures and exhibits attached to an affidavit?
Yes. Every document attached to an affidavit (called an exhibit or annexure) must be identified and endorsed by the JP. The JP will stamp and sign each annexure noting: 'This is the exhibit marked "A" referred to in the affidavit of [Name] sworn/affirmed before me on [Date]'.
Can a Justice of the Peace give me legal advice on my affidavit?
No. JPs are independent, impartial witnesses. They are strictly prohibited by law from giving legal advice, reviewing your legal arguments, or drafting affidavit statements for you.