Affidavit General (Form 27)

An affidavit is a written statement sworn or affirmed to be true and used as evidence. Rule 55 of the Magistrates Court (Civil Division) Rules 1998 (Tas) sets its form: it must carry the title of the action, be in the first person, state the name, address and occupation of the person making it, be divided into consecutively numbered paragraphs, give sums and numbers in figures, include a jurat signed by the person before whom it was sworn, and be signed on each page by both the deponent and that person. It must be confined to facts within the deponent's own knowledge, except that an affidavit for an interlocutory application may include information and belief if it gives the sources and grounds (r 56). Form 27 is the court's template.

When you need it

• You are filing an interlocutory application (Form 8), which must be accompanied by an affidavit in support (r 71(1)(b)).
• You are a defendant applying to set aside a default judgment and need to explain the delay and show you have a defence, as the court's civil disputes page describes.
• You are applying for summary judgment, which needs a supporting affidavit (r 115(2)), or the Court has allowed evidence to be given by affidavit.

1. 1

   Heading

   Enter the court address, the action number and the claimant and defendant exactly as on the claim (r 55(1)(a)).

2. 2

   Who is making it

   Give your full name and address and add your occupation (r 55(1)(c)). Paragraph 1 says whether you are the claimant or defendant; change it if you are a witness or are swearing on behalf of a company (r 58).

3. 3

   Set out the evidence

   From paragraph 2, set out the facts in numbered paragraphs, one topic per paragraph, in the first person and in date order where possible. Write amounts and numbers in figures.

4. 4

   Annexures and exhibits

   Any document attached must be identified by the title of the action and signed by the person before whom the affidavit is sworn (r 55(2)).

5. 5

   Swear or affirm

   Sign every page in front of a justice of the peace or other authorised person, who also signs each page and completes the jurat with the place and date (rr 55(1)(f)-(g), 62). Both of you initial any alteration (r 60).

• File the affidavit at the registry and serve it on all other parties. An affidavit in support of an application must be filed and served with the application (rr 39, 71(1)(c)).
• An interlocutory application and its supporting affidavits must be served not less than 3 days before the hearing date (r 72(1)).
• The court's civil disputes page says that if you do not file an affidavit with your application, or it lacks detail, the Magistrate may adjourn the matter and order you to pay costs.

• Do not have the affidavit witnessed by your own lawyer, their agent or staff, or another party to the case (r 63).
• Stick to facts. The Court can strike out material that is scandalous, irrelevant, argumentative or opinion the deponent is not qualified to give (r 61).
• It is an offence to give false evidence by affidavit, as the court's affidavit page warns.