Affidavits

After an affidavit is made

Once you make an affidavit, you can use it how you wish. If you file it in a court or tribunal, it is recommended you keep a copy for your own records.

How long to keep your affidavit

It is recommended that you keep a copy of the original affidavit for 7 years after you file it in a court or tribunal—especially if you file it electronically.

If you signed an affidavit in the circumstances below, you must keep your affidavit for at least 7 years after you filed it in the court of tribunal.

• On paper, but your witness signed a different version—keep your original signed affidavit (rule 975F of the Uniform Civil Procedure Rules 1999).
• On paper and you electronically filed a scanned copy with a court or tribunal—keep your paper copy (rule 975C of the Uniform Civil Procedure Rules 1999).

Executing 2 affidavits

You may wish to execute 2 original affidavits so you can file an original copy and keep an original copy for your records.

Ask the relevant court or tribunal registry about how many originals and copies you need. For example, you may need to provide the original and several copies to the court for sealing. This is so you can serve those additional sealed copies on the other parties to the proceeding.

In this guide

1. How to download an affidavit form
2. A witness for an affidavit
3. Information an affidavit must include
4. Making an affidavit
5. Oaths and affirmations for an affidavit
6. Signing an affidavit
7. After an affidavit is made

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