In most civil cases in NSW evidence is presented to the Court in the form of a written document called an Affidavit. Whilst we often associate with witnesses giving verbal evidence and being cross-examined in Court, it is usually not as it appears on the television.
An affidavit will contain a person’s statement of facts in written form regarding the matters of a case and should refer to and annex any relevant documentation that may be available. The most persuasive form of such documentation will often be contemporaneous documents from when the events actually occurred.
Solicitors and barristers must work together to present this statement of facts in a persuasive form so that the Court accepts their client’s version of events. The relevant documentation will then be organised into an annexe or exhibit depending upon how much documentation there is.
Once the Affidavit and accompanying documentation have been finalised the person who gave the evidence with then need to affirm or swear the Affidavit on oath. This will involve the person swearing that the facts are true and correct in the presence of an authorised witness (ie Justice of the Peace, lawyer, etc).
If you have further questions, please contact us at frank@franklaw.com.au.
This is not legal advice.