File an Affidavit       www.menz.org.nz

You will need to file sworn affidavits when making applications for court orders or making submissions in your defence. There are forms you can obtain from the counter or use the format below. You may also need to fill in an information sheet.


A sworn affidavit is a legal document that you or your lawyer present to the family court before any hearing and/or upon making an application for a court order (such as an access order). It should be factual and truthful. It must be dated and signed on the last page by the applicant (you) and every other page should have your initials. This must be done upon swearing on the Bible at either a lawyer's office (not your own), a Justice of the Peace or at the court.


You should attach any supporting documents of evidence to your affidavit and write in the affidavit a reference to the document as follows:

"Annexed and marked A is ...." (describe what you have attached).

Further attached documents use B, C, etc. Send copies to the other parties.

If you are initiating this action (applying for an order etc), you are the plaintiff.
If you are replying to an affidavit filed by your ex-partner, you are the respondent.

Format of an Affidavit:

Reference No.

In the District Court
Held at (name of Court, e.g., Auckland)


Between (name)
of (fill in address)
Plaintiff


And (name)
of (fill in address)
Respondent

Affidavit in support of (order you wish to obtain, or defence you intend to submit)


I (full name)
Of (your address)
Make oath and say as follows:




Signature

Sworn at ______________________ this day of ___________________

Before me



Deputy Registrar
Solicitor
Justice of the Peace

 

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