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How to prepare a statutory declaration
What is a statutory declaration
A statutory declaration is a statement made to declare something to be true.
Statutory declarations may be required by law. You may also voluntarily make a statutory declaration in relation to any matter.
Examples of cases where the court may require a statutory declaration include:
- For criminal cases involving bail: if the accused has lost their passport.
- For interpleader summons proceedings.
- For examination of judgment debtor proceedings: to provide answers to the questionnaire for the examination of judgment debtor.
If you are filing a statutory declaration, you are a declarant. You must swear or affirm that the statutory declaration is true before a Commissioner for Oaths (CFO).
How to prepare a statutory declaration
For statutory declarations to be used in the courts, complete the statutory declaration form found in the First Schedule of the Oaths and Declarations Act.
Note
You should not sign the statutory declaration before it is sworn or affirmed. You need to sign it in the presence of a Commissioner for Oaths.
How to swear or affirm a statutory declaration
After you complete the statutory declaration form, you will need to swear or affirm it before a CFO. Find out how to arrange for CFO services.
You may then submit the sworn or affirmed statutory declaration to the court in charge of your case.
Note: You cannot make any changes (such as amendments or deletions) after swearing or affirming the declaration, unless the changes are made in the presence of the CFO.
Note
It is an offence to make a false statutory declaration. You may face the following punishments if you are found guilty:
- For false declarations made for court proceedings: up to 7 years' imprisonment and a fine.
- For false declarations made for purposes other than for use in court: up to 3 years' imprisonment and a fine.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Legislation associated with this topic includes:
Related questions
If a government ministry or statutory board requires a statutory declaration from you, obtain the forms from them and find out what you are required to declare. You should approach the relevant Commissioner for Oaths of that ministry or statutory board.
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