This form is not mandated for use, but may be used by practitioners and litigants.

When is this form used?

A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts they wish to rely upon; see Subrule 4.05(1).

However, a statement of claim (points of claim)/ statement of defence (points of defence) can be filed in general federal law proceedings rather than a supporting affidavit; see Subrule 4.05(2) and (3).

In preparing an affidavit, you should note Division 15.4 of the Federal Circuit Court Rules 2001.

General information

An affidavit is a written statement prepared by a party or witness. It is the main way you present evidence (facts of the case) to a court. You must swear or affirm that the contents of an affidavit are true before a person authorised to witness your signature; for example, a lawyer or Justice of the Peace.

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