eSignature Legitimacy for Affidavit of Service in Australia

How to eSign a document: e-signature legitimacy for Affidavit of Service in Australia

so what is an affidavit an affidavit is a written statement made by a person which is sworn to be true and accurate the legal concepts in these videos are not explored in enough depth to apply them to real life situations to do that you should seek professional legal advice from a lawyer [Music] typically lawyers will need to certify an affidavit before it can be submitted in court the significance of making a statement which is sworn to be true and accurate will be explained by the lawyer who'll then confirm the person's identity usually by comparing their face to id and then sign the document affidavits are either made on oath or on affirmation which are basically the same thing it's a promise to tell the truth it's just that oaths are made by religious folk based on their particular religion and affirmations are secular versions which are made by atheists or by religious people whose religions don't have a standard oath that can be given there are a number of rules around the proper drafting of an affidavit but generally speaking they're typically written in first person they don't include any persuasive arguments just the facts they rely on the person's own experience you wouldn't attest to something that you were told about unless the point of doing that was to show that you had specific knowledge or that you believed that thing at that time and they're purely factual so no colorful language or descriptions or emotive language is typically used affidavits can be relied on as sworn testimony in courts and are now one of the main ways in which witnesses give evidence at least in civil matters there are other forms of sworn statements like statutory declarations and those can carry legal consequences to falsify a lion as well but affidavits are just the form that's used as evidence in court there are also unsworn forms of testimony which is something that is usually reserved for very young children but the falsification of sworn statements is illegal and that's called perjury and a person can be charged for lying in one because affidavits are evidence falsifying one or lying in one is a really serious thing i mean not only is it a crime because it is a crime but even just strategically even if the person isn't charged with perjury any deception will probably alter the court's perception of the reliability of all of the evidence that's been given by that person like if the judge catches you lying you really think they're going to believe everything else that you've been telling them there are plenty of stories out there about people who think they can keep stuff hidden and then it comes out and they go running to their lawyer for advice and the lawyer is just like look if you hadn't told me about this from the beginning we could have dealt with it then we could have gotten through it and it would have been fine but now we've been blindsided by this and there's nothing we can do from here so basically an affidavit is sworn testimony given to the court in written form that can be used as evidence a lawyer has to sign off before it can be used and there are severe consequences for its falsification thanks for watching this video i really hope you enjoyed it subscribe to see more videos like it and like and comment to let me know what's working and what i should talk about next [Music] foreign