Requirements to Attach (or Annex) Documents to Affidavits
There will often be something a person has which they would like a Judge to read.
One of the biggest questions a person has if they are representing themselves is how they go about attaching documents, messages, photos and similar items, to their Affidavit.
There is a procedure which must be followed to give a document to the Court. Usually it must be annexed to an Affidavit.
Annexures are documents which support your case and are attached to an Affidavit.
Annexures are sometimes called ‘exhibits’.
Examples of supporting documents which could be annexed to your Affidavit include:
- School Reports;
- Emails or Letters;
- SMS text messges or Facebook messages
- School reports;
If the document is from another person, for example a letter from a Doctor, rather than annexing it to your own affidavit, you should have the Doctor swear their own affidavit annexing the letter.
If there are annexures to an affidavit, there are special rules to make annexing them to an affidavit valid.
Self Represented parties should read the Family Law Rules about the rules relating to annexures, including page numbering, indexing, cover sheets and how thick annexures can be.
If there is more than one annexure, you need to refer to each annexure by a number or letter; for example, Annexure 1 or Annexure A.
You also need to number the annexures consecutively, that is, from the first page of the first annexure to the last page of the last annexure.
There must also be a specific note on each annexure, signed by the same person who witnesses the affidavit, identifying the annexure in the same way it is referred to in the affidavit.
Affidavits – More Information
If you want the court to read any letters, reports or other documents you have then you need to attach those documents to your affidavit however as detailed above in the Federal Circuit Court you are limited to 5 separate Annexures.
If your matter is going to an Interim Hearing in the Federal Circuit Court then there is much you must read and familiarise yourself with in our separate fact sheet about the rules for Interim Hearings and Affidavits in Interim Hearings.
Many people do not know whether they should be swearing their affidavit on oath or affirming their affidavit. We explain the difference in the information sheet Do you swear or affirm your Affidavit.
If your matter is in the Family Court of Australia then you need to read about the different Rules which apply to Affidavits in the Family Court of Australia.
You should also read our Information Sheet with tips on how to prepare a good Affidavit in a Family Law matter.
We also have an Information Sheet about the different types of Affidavits and when they are used.
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Other Pages in the How to Represent Yourself Section
- Tips & Traps: Secrets from the Legal Experts
- How to Prepare a Good Family Court Affidavit
- Affidavits: Different Types & their Uses
- Attaching Documents to Affidavits
- Do You Swear or Affirm an Affidavit
- Changing a Final Parenting Order: If other party agrees
- Changing a Final Parenting Order: If other party does not agree
- When is a Court Order Breached (contravened)
- Can you have an excuse for breaching (contravening) a Court Order
- What happens if you prove (contravene) a Court Order
- How do you prove a breach (contravention) of a Court Order
- How do I make a Contravention Application
- The Basics you need to know about Consent Orders