Affidavit intake and drafting
A clean affidavit tells the story in the deponent's own words with no inadmissible content. This checklist walks through the drafting steps.
This is a 12-step checklist for taking instructions and drafting an affidavit. It covers form, first-person narrative, exhibits, admissibility and swearing.
The checklist
Take instructions in the deponent's words
Use the deponent's own words. Avoid lawyer-speak.
Draft in the first person
Draft in the first person and in chronological order where possible.
Stick to admissible evidence
Avoid hearsay, opinion, argument and legal conclusions.
Number the paragraphs
Number each paragraph and keep paragraphs short and focused on one fact.
Mark exhibits
Annex documents as exhibits with clear exhibit markings.
Identify the deponent
Full name, occupation and address at the start of the affidavit.
Identify the capacity
Identify the capacity in which the affidavit is sworn (party, witness, officer).
Review with the deponent
Review the draft with the deponent line by line. Amend any inaccuracies.
Check for inadmissible content
Strip opinion, hearsay, argument and irrelevant narrative.
Check the jurat
The jurat must comply with the rules — date, place, witness and form of oath/affirmation.
Swear or affirm before an authorised person
JP, solicitor or notary. Check the deponent's preference for oath or affirmation.
File and serve in time
File and serve within the court timetable.
When this checklist applies
Use this checklist every time you draft an affidavit. The admissibility check is the step most often skipped.
Common pitfalls
- Paragraphs written in lawyer-speak
- Inadmissible opinion and hearsay
- Exhibits not properly marked
- Jurat defective
- Late filing without leave
Run this checklist on a real matter
Quillio drafts affidavits from transcripts and flags inadmissible content in current AU format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for family law and criminal affidavits which have different conventions.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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