Before witnessing any statutory declaration, you must be satisfied that the declarant understands the purpose, effect and contents of the statutory declaration .
How do you witness an affidavit?
Affidavits must be signed in front of a witness who is an “authorised person” . An authorised person includes a Justice of the Peace (JP), a solicitor or barrister. After witnessing your signature, the witness must also sign your affidavit.
What should a JP do when asked to perform?
Your primary functions as a NSW JP are to: • witness a person making a statutory declaration • witness a person making an affidavit • certify that a copy of an original document is a true and accurate copy.
How do you witness a document as a JP?
Important tips You can only witness a statutory declaration when both you and the declarant are physically present together in NSW. You must see the declarant sign the statutory declaration in front of you. You must never witness a signature that was already on the statutory declaration when it was brought to you.
Can a JP refuse to witness documents?
3) A justice of the peace must never witness a document unless he or she is satisfied as to the identity of the person and has seen the person sign the document .
Can you write an affidavit yourself?
Because this is a legal document, there is a right way to write an affidavit. Most affidavits can be completed by any person but they must be notarized before they are considered valid. Below is the basic six-step process you’ll need to take to complete your affidavit.
Is an affidavit a legal document?
An affidavit is a legal document that is very similar to a witness’s sworn testimony in a court of law . Prior to giving testimony, a witness in a trial must swear that what they are about to say is true and correct under penalty of perjury.
Can a JP help someone prepare a document?
4.3. 11 Can I help someone prepare a document that I witness or certify? If you wish to help someone prepare a document, it is not advisable for you also to witness or certify that document. ... You can ask the person to have the document witnessed by another JP.
Can I put JP after my name?
You should not perform JP services in your new name until you have received written confirmation from the Department of your change of name notification . A change of name form is available at the website www.jp.nsw.gov.au.
What is the duty of a JP?
A Justice of the Peace (JP) is a person of unquestionable integrity who seeks to promote and protect the rights of individuals and helps to give justice to those persons in a particular community .
Can a JP witness a family member?
Although it is not illegal for you as a JP to witness the will of a relative or friend, you should be aware that it may prohibit any benefit coming to you and/or your spouse from the will. You may wish to seek legal advice in these circumstances.
Can a family member witness a signature?
A party relying on a deed may accept a family member as a witness (although will almost certainly insist on an adult) but may wish to add some additional controls so that if the signatory and witness both claim the deed wasn’t signed there is some additional evidence to show they are not being truthful.
Can a JP charge a fee?
A JP is trusted to be honest and impartial when performing their functions. They cannot : ... charge you a fee or accept a gift for providing JP services. assist or write in a statutory declaration or affidavit.
How long is an affidavit valid for?
The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner.
What is an example of an affidavit?
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct , and that I agree to abide by the terms in this affidavit.)
Can affidavit once given be withdrawn?
While an Affidavit of Evidence cannot be withdrawn , the admissions made in it would be used against you. ... The CPC tells us that an Affidavit ought to, be confined to the personal knowledge of the witness.
