This page explains how to complete an affidavit form for use in the Supreme Court of South Australia, in compliance with the Supreme Court Civil Supplementary Rules 2014 (SA) (SR) and s 162 of the Supreme Court Civil Rules 2006 (SA) (CR).
Before you begin, you may wish to download an affidavit form for the Supreme Court of South Australia.
Affidavit must be made by deponent speaking of their own knowledge
The affidavit must state that the deponent is speaking of their own knowledge (r 162(2) CR; r 49(1) SR). Paragraph 1 of the form available here includes words that comply with these rules.
There are exceptions for interlocutory proceedings, or where the Supreme Court dispenses with the requirements (r 162(2) CR). If it is sought to make a statement of belief in exception to this, the deponent must depose to the source and grounds of each statement of belief. A statement to the effect, “I know the facts deposed herein from my own knowledge except where otherwise appears”, without properly identifying the sources and grounds of information and belief, is unacceptable (r 49(2) SR).
Address of the deponent
The address stated should be the deponent’s home address, but it may may be a business address provided it is a place where the deponent may usually be found during normal working hours (r 49(3) SR).
Text of the affidavit
The affidavit should be in English (r 46(1)(a) SR and figures and amounts of money should be expressed in numerals and not in words (eg “54 days” not “fifty four days) (r 46(1)(h) SR).
Exhibits to affidavits for the South Australian Supreme Court
Detailed rules apply to the use of documents in conjunction with an affidavit, which are known as “exhibits”. These are set out in r 50-51 of SR and 162(5) and (6) of CR.
Printing the affidavit
The original affidavit for swearing and affirming and filing in the court should be printed on a single side of the page (r 46(2) SR). The original must be filed not a copy (r 48(1) SR), although if the original is not available there is a procedure for filing a copy (r 49(2) SR).
Swearing or affirming the affidavit
An affidavit must be made before an authorised person to whom the maker of the affidavit (the deponent) swears or affirms his or her honest belief in the truth of the contents of the affidavit (r 162(3) CR).
When the affidavit is sworn or affirmed, each page must be signed by the deponent and the witness and dated (r 49 (4) SR). Initials are not sufficient. Full signatures must be used.
Alterations after the affidavit is sworn or affirmed
The contents of an affidavit cannot be altered after it has been sworn or affirmed. However a deponent may make a later affidavit drawing attention to the error in the earlier affidavit (r 162(4) CR).