Start with facts the witness can actually prove
Before drafting, decide what order is being requested and which facts the court must decide. An affidavit should focus on facts within the witness's own knowledge, expressed in numbered paragraphs. Prefer dates, events and observations over argument or personal conclusions. For example, state what a message says, when it was received and how you know who sent it rather than using a conclusory label.
Rule 10-4 places limits on evidence, especially hearsay. Rule 10-4(12) usually limits affidavits to evidence the witness could give at trial. Under Rule 10-4(13), information-and-belief statements may be included if the source is identified and either (a) the application does not seek a final order or a change, suspension or termination of a final order, or (b) the court gives leave under Rule 10-3(4)(e) or 14-7(71)(a). An interim label by itself does not replace those tests; check the relief actually requested.
Choose exhibits that establish a relevant fact
Examples include communications, receipts, financial records, signed agreements, photographs or school records that directly relate to the requested orders. For each proposed exhibit, ask: What fact is this proving? Who created it? Is it complete enough to be understood? Does its date or context matter?
Don't treat a screenshot with no identifying context as self-explanatory. Where the record includes private information about children or non-parties, consider whether the full document is necessary and what privacy rules apply.
Build the exhibit package properly
- Use the court's current affidavit form, usually Form F30 in an ordinary Supreme Court family matter.
- Write a numbered affidavit paragraph that identifies each exhibit and explains its relevance.
- Place the corresponding document in the exhibit set and use the marking/identification method required by Rule 10-4 and the person taking the affidavit.
- Keep pages legible and in a logical sequence. Avoid truncated screenshots and undated documents when source information is available.
- Review the affidavit and exhibits together before it is sworn or affirmed.
- Make sure the affidavit is sworn or affirmed before an authorized person and filed and served within the relevant procedure.
Affidavits are not unlimited written argument
Evidence is different from submissions about how the law should apply. A factual paragraph might identify a payment record and amount; legal argument belongs in the proper part of the court material or in submissions, subject to the rules. Avoid repeating the same allegation across paragraphs or embedding unrelated background that distracts from the court's decision.
Even useful evidence can be excluded if served too late, filed improperly or not allowed by a procedural rule. Check whether you are in a Rule 17-1 petition, ordinary Rule 10-6 application or trial, because each has different service and filing requirements.
Evidence-quality self-audit
- Is every exhibit mentioned in a numbered affidavit paragraph?
- Does each document prove a fact relevant to an order you actually request?
- Is the chronology clear, and do messages show enough context?
- Is the witness describing personal observations, or identifying the source of second-hand information where allowed?
- Have you used the correct commissioning and identification procedures?
- Are filing, service, privacy and page-size requirements checked against current rules?
For the entire application procedure, also see Rule 10-6.
Related guides
Important: This page is general legal information, not legal advice. Court rules, practice directions, fees and forms can change. Court orders, exceptions and the circumstances of your own case can change the procedure.