Wednesday, 6 November 2013

Affidavit
40 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 40 (version 3)
UCPR 35.1
AFFIDAVIT OF [NAME] [DATE]
COURT DETAILS
Court

#Division

#List

Registry

Case number

TITLE OF PROCEEDINGS
[First] plaintiff
[name]
#Second plaintiff #Number of plaintiffs (if more than two)



[First] defendant
[name]
#Second defendant #Number of defendants (if more than two)

FILING DETAILS
Filed for
[name] [role of party eg plaintiff]
#Filed in relation to
[eg plaintiff's claim, (number) cross-claim]
[include only if form to be eFiled]
#Legal representative
[solicitor on record] [firm]
#Legal representative reference
[reference number]
Contact name and telephone
[name] [telephone]
Contact email
[email address]
[on separate page]
AFFIDAVIT
Name

Address

Occupation

Date

I [#say on oath #affirm]:
1 #I am [role of deponent].
2 [state information to be included in the affidavit in numbered paragraphs].
#SWORN #AFFIRMED at

Signature of deponent

Name of witness

Address of witness

Capacity of witness
[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.1
2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:

Identification document relied on (may be original or certified copy)2
Signature of witness

Note: The deponent and witness must sign each page of the affidavit.  See UCPR 35.7B.

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