
Form 40 (version 6) Regarding the phone call between Larry and Rachel – conversation about the product.
UCPR 35.1
AFFIDAVIT OF [NAME] [DATE]
COURT DETAILS
Court
Division
List
Registry
Case number
TITLE OF PROCEEDINGS
[First] plaintiff [name]
Second plaintiff #Number of plaintiffs (if more than two)
[First] defendant [name]
Second defendant #Number of defendants (if more than two)
FILING DETAILS
Filed for [name] [role of party eg plaintiff]
Filed in relation to [eg plaintiff’s claim, (number) cross-claim]
[include only if form to be eFiled]
Legal representative [solicitor on record] [firm]
Legal representative reference [reference number]
Contact name and telephone [name] [telephone]
Contact email [email address]
[on separate page]
AFFIDAVIT
Name
Address
Occupation
Date
I [#say on oath #affirm]:
I am [role of deponent].
[state information to be included in the affidavit in numbered paragraphs].
SWORN #AFFIRMED at
Signature of deponent
Name of witness
Address of witness
Capacity of witness [#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.
I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:
Identification document relied on (may be original or certified copy)
Signature of witness
Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.
[on separate page]
INTERPRETER’S AFFIDAVIT
Name
Address
Occupation
Date
I [#say on oath #affirm]:
I am an accredited interpreter as defined in the Uniform Civil Procedure Rules 2005 in the following languages [provide details of the languages].
My [#accreditation #registration #recognition] to interpret the languages set out in paragraph 1 has been issued by [provide details of the recognised agency].
On [date] I sight translated the above affidavit of [name] dated [date] (the Affidavit) to [name] (the Deponent) in the [specify language] language.
Before translating the Affidavit, I:
read the code of conduct contained in Schedule 7A to the Uniform Civil Procedure Rules 2005 and agreed to be bound by it; and
was given adequate opportunity to prepare to sight translate the Affidavit.
After I sight translated the entire Affidavit to the Deponent, the Deponent then:
informed the person responsible for the preparation of the Affidavit through me that the Deponent understood my interpretation and agreed with the entire contents of the Affidavit; and
[#swore #affirmed] the Affidavit in my presence.
SWORN #AFFIRMED at
Signature of deponent
Name of witness
Address of witness
Capacity of witness [#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.
I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:
Identification document relied on (may be original or certified copy)
Signature of witness
Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

