General Form of Affidavits (Form 2)

Rule 114 of the Magistrates Court (Civil Proceedings) Rules 2005 (WA) requires an affidavit to be in the approved form, and Form 2 is the court's general form. Rule 115 controls what goes in it: facts the deponent can state from their own knowledge, or information and belief if the sources or grounds are given, with any alteration initialled by the deponent and the witness. The affidavit itself is made under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA), and the court's Fact Sheet 47 explains how it is signed and witnessed. The rules require an affidavit to support every written application (r 110) and any response that does not consent to every order sought (r 112(1)(b)).

When you need it

• To support a Form 23 Application, which must be lodged together with a supporting affidavit (r 110).
• To support a Form 24 Response where you do not consent to every order sought (r 112(1)(b)).
• To give a witness's evidence at trial by affidavit if the other parties do not object; it must be lodged and served at least 14 days before the trial date (r 74).
• Use the specific forms where they exist instead, such as Form 11 for service and Form 35 for verifying disclosure of documents.

1. 1

   Complete the heading

   Enter the registry, case number, claimant and defendant exactly as they appear on the case.

2. 2

   Identify the deponent

   Give your full name, address and occupation, and delete sworn or affirmed so that it matches how you will make the affidavit.

3. 3

   Say who you are in the case

   Paragraph 1 states your role, for example that you are the claimant or a director of the defendant company.

4. 4

   Set out the facts in numbered paragraphs

   Keep to facts you know yourself. If you rely on something you were told, say who told you and that you believe it (r 115(2)). Refer to any attached document clearly so it can be identified.

5. 5

   Sign every page

   The form notes that each page is to be dated and signed by the person making the affidavit and the witness. Any addition, alteration or erasure must be initialled by both (r 115(3)).

6. 6

   Swear or affirm before an authorised witness

   Complete the jurat with the place and date. For an affidavit made in Western Australia the witness can be a Justice of the Peace, an experienced legal practitioner who has not been involved in the case, a public notary, or a registrar or clerk of a court. The witness signs, writes their name and qualification and, for a JP, their registration number (Fact Sheet 47).

• Lodge through eLodgment on the eCourts Portal; electronic lodgment is mandatory in the civil jurisdiction unless you are exempt (r 98C; Practice Direction 6 of 2021).
• An affidavit must be signed and lodged in PDF format. Keep the signed original and produce it if the court asks (r 98E(5) and (6)).
• Lodge it at the same time as the application it supports (r 110), or with your response within 14 days after being served with the application (r 112).
• Serve the sealed copy on every other party with the application or response (rr 100, 111 and 112).

• People commonly ask a pharmacist or accountant to witness an affidavit. They can witness statutory declarations but not affidavits (Fact Sheet 47).
• Court staff cannot help you write an affidavit (Fact Sheet 47). Stick to facts and leave argument for the hearing.
• If the deponent is not fluent in English, the affidavit can be made in another language but needs a qualified translator's affidavit with an English translation attached (Fact Sheet 47).