What do you say when administering an oath?
For an oath: “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?”
What is the difference between swear and affirm?
The authorised person will ask you to ‘swear’ or ‘affirm’ that the content of the affidavit is true. Swearing is known as swearing an oath. On the other hand, an affirmation has the same legal effect as an oath but does not refer to God. Any person may choose to take an affirmation instead of an oath.
What is the difference between an affidavit and a statutory declaration?
What is the difference between a statutory declaration and an affidavit? An affidavit is a document which is used to give evidence in court proceedings. A statutory declaration is a document which is used to give evidence in most other circumstances.
Does a stat dec hold up in court?
A statutory declaration and an affidavit are both written statements of fact. However, an affidavit is used as evidence in court. You confirm it by oath or affirmation. If you need an affidavit, contact the court involved in your legal matter.
Who can sign on behalf of a JP?
A medical practitioner. A Justice of the Peace (with a registration number in the State in which they are registered). A minister of religion (registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961).
What must a JP do when providing JP services?
Justices of the Peace (JPs) are volunteers appointed by the Governor of New South Wales. The primary roles of a JP are to witness a person making a statutory declaration or affidavit, and to certify copies of original documents. JPs come from all sections of the community and are available across NSW.
What should a JP do if they’re uncertain about witnessing a statutory declaration?
If the person does not appear to you to have understood, you must decline to witness the statutory declaration. You must warn the declarant that: • it is a serious criminal offence to make a false declaration, and • the penalties include imprisonment.