---
title: "Keep a South Australian affidavit in the witness’s own words"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/south-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "J-SA-F20260922-1"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["SA"]
last_reviewed: "2026-10-01"
---

# Keep a South Australian affidavit in the witness’s own words

> 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.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/south-australia  
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 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 |
| Written for | South Australia |
| Applies to | [Draft an affidavit or witness statement from the proof](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof.md) |

## Checking plan

**Line-by-line review**

The South Australian guidelines allow a draft to be prepared from an interview transcript in some cases. This framework does not: the affidavit records the witness’s own words, so the lawyer writes the text and the tool may only check, clarify or collect. The witness’s memory still has to be taken properly, and nothing may be written to fit a desired case.

- What the AI does: 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.
- What the lawyer does: Decide whether this witness and this case are suitable. Review the draft with the witness and remove anything that is not their memory.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Second research pass on 22 September 2026. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of getting the forum’s rule wrong.

## Checks the lawyer makes

1. 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.
2. Use an accurate interview transcript and the witness’s consent. Do not use another witness’s affidavit.
3. Do not instruct the tool to make the account support the pleaded case.
4. Review every line with the witness before the statement is sworn or signed.

## Notes

- 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.

## Practical guide

Jurisdiction: A South Australian court covered by the generative AI guidelines from 1 January 2026

**Deliverable**: 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.

**Inputs**

- The lawyer’s interview notes or transcript
- The witness’s consent
- The South Australian guidelines, especially the affidavit section

**Example**: 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 escalate 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.

Checked 2026-09-22.

## Sources

- [South Australian courts: Guidelines concerning the use of generative artificial intelligence](https://www.courts.sa.gov.au/2025/12/24/guidelines-concerning-the-use-of-generative-artificial-intelligence-in-litigation-in-south-australian-courts/) (checked 2026-09-22)

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