---
title: "Draft an affidavit or witness statement from the proof"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof"
type: "task"
site: "AI Law Framework"
id: "A5-T1-R3"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-01"
---

# Draft an affidavit or witness statement from the proof

> The tool drafts no part of the affidavit or witness statement and suggests no wording for it, in the document or beside it: no skeleton, no structure, no paragraphs.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof  
Last reviewed: 2026-10-01

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | The tool drafts no part of the affidavit or witness statement and suggests no wording for it, in the document or beside it: no skeleton, no structure, no paragraphs. Index the exhibits and annexures against the lawyer's draft, compare that draft with the proofing note and the source documents without proposing replacement wording, list every assertion in the draft for which no source is identified, and flag form departures from the rules of the court, tribunal or arbitration the matter is in, and the jurat, witnessing and annexure-certificate requirements for swearing or signing it. |
| What the lawyer must review | The lawyer drafts the evidence in the witness's own words from the proof, and the witness must read and adopt it before it is sworn or signed. Nothing goes in that is not in the proof or the documents; argument, opinion and submission stay out of the evidence; and on an interlocutory application the source of any information and belief is stated. The lawyer confirms form, and the jurat, witnessing and annexure certificates, against the rules of the court, tribunal or arbitration the matter is in. |
| Written for / versions | 5 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
2. Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
3. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
4. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
5. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
6. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/victoria.md) | Red |
| [Western Australia](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/western-australia.md) | Red |
| [New Zealand](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/new-zealand.md) | Red |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/united-states.md) | Red |
| [South Australia](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/south-australia.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*