In NSW, affidavits are widely used in court proceedings as a written substitute for oral evidence.
The form of affidavit which must be used will depend on the court in which the affidavit is to be used. However, for most courts in NSW, the correct form will be the affidavit form under the Uniform Civil Procedure Rules (UCPR).
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The evidence given in affidavits in NSW must comply with the Evidence Act 1995 (NSW) in order for it to be admissible in a court. The court will not usually permit parts of the affidavit which do not comply with the Evidence Act to be admitted into evidence.
There are limited exceptions to this rule. One of the more important exceptions is that the laws of evidence do not apply to matters in the Small Claims Division of the Local Court of NSW (s 35(3) of the Local Court Act 2007 (NSW) provides for this).
Affidavits made for use in courts in NSW must be sworn or affirmed before a qualified witness in the manner set out in the Oaths Act 1900 (NSW) or the Evidence Act 1995 (NSW).
The following pages may assist you in completing your NSW UCPR affidavit:
- UCPR affidavit form for NSW courts (includes a blank affidavit template)
- How to fill out a NSW UCPR affidavit form
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