Statutory Declaration (Form 13)

Rule 31.7(1) of the Uniform Civil Rules 2020 (SA) requires an affidavit or, when the rules permit one, a statutory declaration to be in the prescribed form; Form 13 is the statutory declaration form, with exhibits behind a Form 14 exhibit front sheet. An example of a rule that calls for one is r 372.6, which requires native title declaration applications to be supported by a Form 13 statutory declaration. The declarant declares under the Oaths Act before an authorised witness (r 31.7(3)). The same content and signing rules apply as for affidavits: the declarant's address and occupation (r 31.7(2)), every page dated and signed at the foot by declarant and witness (r 31.7(4)), exhibits marked with the declarant's initials and numbered (r 31.7(9)) and one pagination sequence (r 31.7(11)). Who may witness a statutory declaration is set by r 31.9 and the Oaths Act, and is wider than for affidavits.

When you need it

• A rule or order permits or requires a statutory declaration rather than an affidavit, for example r 372.6 for native title applications.
• You need to put facts before the court in writing in a form the rules accept as evidence.
• Not where the rule requires an affidavit (Form 12); a statutory declaration is only used when permitted (r 31.7(1)).

1. 1

   Complete the heading and lodging party

   Delete all but the correct court and name the parties and the case number. Give the lodging party and any law firm. The court fills in the date filed and FDN.

2. 2

   Fill in the declarant panel

   Give the declarant's full name, address and occupation. A business address may be used, and a protected address can be dealt with as r 31.7(2) allows.

3. 3

   Write the declaration

   Complete "I, [full name], do solemnly and sincerely declare under the Oaths Act 1936 that:" and set out the facts in numbered paragraphs. If it relates to an application, identify it and state the material facts. Keep to facts, not submissions.

4. 4

   Attach and mark exhibits

   Put one Form 14 front sheet in front of all exhibits and mark each exhibit clearly. Do not exhibit documents already filed; refer to them instead. Number pages consecutively; the form says to start at page 2.

5. 5

   Declare before an authorised witness

   Sign each page (but not exhibits) with the witness. The witness signs, prints their name, states their qualification as an authorised witness under section 25(2) of the Oaths Act, stamps if applicable and adds any ID number (for a JP, their number; for police, rank, number and "South Australia Police").

• File through CourtSA or at a registry. A statutory declaration uploaded electronically must be a scan of the original bearing the original signatures, not a scan of a copy (r 13.7(3)).
• A registered user who uploads it must keep the original until the proceeding, any appeal and the appeal period are finished, and produce it if asked (r 13.7(4)).
• Serve it on all other parties in accordance with the rules, with copies of all exhibits (form instructions).

• The form asks the declarant to review the Attorney-General's Code of Practice for statutory declarations made under section 33 of the Oaths Act before completing it.
• It cannot be altered once declared. Correct an error with a further declaration (r 33.1(2)-(3)).
• Do not have it witnessed by the filing party or their employee or agent unless the witness is the party's lawyer or a police officer who is not the party, or the party is the Crown (r 31.9(2)).
• If the declarant is blind or illiterate, or does not understand English well enough, follow r 31.7(6) or (7).