Keep a South Australian affidavit in the witness’s own words
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- 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 draft, no first draft, no scaffold, no skeleton, no suggested paragraphs. Organise the witness’s own notes and the lawyer’s interview record into a topic order for the conference, so the lawyer and the witness settle the text together. Against the draft the lawyer has written, index the annexures, list every assertion for which no source is identified, and check the jurat, witnessing and annexure-certificate requirements for swearing or affirming it in South Australia.
- What the lawyer must review
- Read the draft with the witness
- Confirm it fairly records their recollection, neither embellished nor cut down
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A South Australian court covered by the generative AI guidelines from 1 January 2026
Produce. A note of the topics to cover and, after the conference, the lawyer’s own draft taken from the witness in the witness’s words.
Have ready. The lawyer’s interview notes or transcript; The witness’s consent; The South Australian guidelines, especially the affidavit section.
Example of the limit. A short criminal proof is more safely taken in the witness’s words during the interview. A long civil narrative may start from a transcript, then be read back line by line.
Stop and hand it back when
- The draft was built from another witness’s affidavit or written to support a pleaded case.
- The witness has not had a chance to scrutinise the draft before it is sworn.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. The tool drafts no part of the affidavit or witness statement and suggests no wording for it. It organises the witness’s own notes into a topic order for the conference and, against the lawyer’s draft, indexes the annexures and lists every assertion with no source identified. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm no part of the statement was generated. The guidelines permit a generated draft in some cases; this framework does not, so take the account in the interview, in the witness’s own words.
- Use an accurate interview transcript and the witness’s consent. Do not use another witness’s affidavit.
- Do not instruct the tool to make the account support the pleaded case.
- Review every line with the witness before the statement is sworn or signed.
Sources
- South Australian courts: Guidelines concerning the use of generative artificial intelligence · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.