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An authorized person is usually a justice of the peace (JP), a solicitor or barrister. After witnessing your signature, the witness must also sign your affidavit. Affidavits are used in court as evidence. In some cases, if you make an affidavit you may not need to give evidence in person.
The key element of an affidavit is that it must be witnessed and signed by a notary public or by someone who has the authority to witness an oath and attest to its authenticity.
In our Plain Language Legal Dictionary, we define affidavit as A written statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath. ... You'll have to sign in front of a notary public or similar authority to make the affidavit fully legal.
That means that a person cannot be required to sign an affidavit by a judge or any other party. Most states require that a person swear under oath that the statements are true before signing the document in front of a notary public or another public official who is authorized to take oaths.
Why Would I Need an Affidavit? Affidavits can be used for many purposes. They are most often filed with the court to show that specific information is true. In some cases, an attorney can use your affidavit so that you do not have to appear in court or at another official legal proceeding.
Justices of the Peace. Justices of the Peace can witness legal documents including statutory declarations and affidavits, as well as certifying true copies of a document. Their services are provided without charge.
Persons authorized to witness an affidavit in Federal Court proceedings are a Judge of the Court; the Chief Executive Officer and Principal Registrar; a Registrar; a District Registrar; a Deputy District Registrar authorized under s 44 of the Federal Court of Australia Act; a member of staff of the Federal Court ...
It is not advisable for you to witness or certify a document for a member of your family. This is because of the potential for an actual or perceived conflict of interest (see Section 4.3.4 above) and the risk that the document may be rejected on that basis by the organization that requires it.
All affidavits must be sworn or affirmed before an authorized witness, who is usually a Justice of the Peace or lawyer (see further information on authorized witnesses below). The person making an affidavit needs to sign the bottom of each page in the presence of the authorized witness.
Signing an affidavit Once completed, affidavits must be sworn, or affirmed, and signed in front of a witness who is an “authorized person”. This can be a Justice of the Peace, Commissioner of Oaths, solicitor or barrister.
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