Affidavit evidence

This article discusses Affidavits for educational purposes only and not be relied upon for any other purpose since it may not be current, accurate or complete .

• What is an Affidavit? - Are documents that are sworn or affirmed before solicitors, notaries, Justices of the Peace or Barristers. They are used in court proceedings and elsewhere as evidence.  
• What goes into an affidavit? - Only facts, matters and circumstances that you saw, heard or otherwise perceived with your own eyes and ears. Hearsay and opinion evidence is not permitted unless an exception applies. Remember, an affidavit should read like a chronological version of the story and is your evidence not someone else's.  
• Affidavits 101 - affidavits need to be on the correct court form; must be dated; each page must be signed and alterations need to be initialled [in front of the lawyers, or justice of the peace]; affidavits may need to be filed (not in all courts though) and served in accordance with the court's rules [exceptions may apply]; include the full name of the deponant, his or her address and occupation [unless there are reasons for not doing so] and state the evidence being relied upon; Annexures and exhibits need to be stated in a particular format. .
• Who prepares the affidavit? - Since there are many rules to observe, it is best to get the help of a suitably qualified lawyer or else you risk getting something wrong and having your evidence thrown out.
• Cross-examination and affidavits - The court normally allows a party to cross-examine a deponant on an affidavit but this right isn't a given.
• Why am I reading about this on Getalawyer.com.au? - On this site you can upload a problem and get lawyers to compete for your work so if you need help drafting an affidavit describe your problem now and see who offers to help

Getalawyer promotes transparency in legal fees and hopes that you end up getting a competitive price for drafting your affidavit evidence.