Where an affidavit refers to a document, that document should be either annexed to or exhibited to the affidavit.
“Annexed” means physically attached to the affidavit by staple – after the page on which the last jurat (signature block) appears.
e.g. “a copy of the death certificate is annexed and marked ‘A’ ”
Never staple an original testamentary document (will or codicil) to an affidavit.
If the document in question is a testamentary document – a Will or a codicil – do not annex it to the affidavit.
- This is when you use an exhibit.
- An exhibit is a separate stand-alone document.
- You link it to the affidavit by marking it as required by Note (6) to Form 22.
Where a testamentary document is referred to in an affidavit e.g.”the document dated … 20.. being now produced to be and marked ‘A’ (as the case may be)” the document must be marked “A” on the back of it beneath which a suitable exhibit endorsement must be made and which must be dated and signed by the functionary (person taking the affidavit), e.g.
This is the document marked “A” referred to in the affidavit of C.D. sworn/affirmed before me on …20…
Signature of functionary
Authority – e.g A Commissioner for taking affidavits in the Supreme Court of South Australia
If the testamentary document does not have a back sheet the marking, exhibit endorsement and signature shall be made in some place convenient place on the document. The marking, endorsement and signature must not interfere with the writing on either side of the document.