---
title: "Keep a Victorian 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/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "J-VIC-R20260922-2"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-01"
---

# Keep a Victorian affidavit in the witness’s own words

> Organise a topic list from the witness’s notes so the witness can draft or settle the affidavit in their own words.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/victoria  
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 | Organise a topic list from the witness’s notes so the witness can draft or settle the affidavit in their own words. |
| What the lawyer must review | Read the affidavit with the witness Delete generated colour, extra facts and any sentence the witness does not adopt |
| Written for | Victoria |
| 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**

A topic list can prepare the conference. The affidavit itself has to be the witness’s knowledge and words.

- What the AI does: Organise a topic list from the witness’s notes so the witness can draft or settle the affidavit in their own words.
- What the lawyer does: Take the witness through the draft and remove anything that is not their account.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Planning guidance checked against the linked public sources on 22 September 2026. Confirm the current instrument before reliance.
- Why: The traffic light follows the consequence of an error and how much of the output the lawyer must check before it is used.

## Checks the lawyer makes

1. Use the tool for a topic list, not for the affidavit’s voice.
2. Confirm each paragraph with the witness.
3. Apply the note’s caution on affidavit material.
4. The witness reads the final version before swearing or affirming.

## Notes

- Suggested working checks from the linked public sources. Read the source and confirm it applies to this forum and this date. The checks do not approve software or record that the work is done.

## Practical guide

Jurisdiction: Supreme Court of Victoria

**Deliverable**: A topic list, then an affidavit the witness can own.

**Inputs**

- The witness’s notes or conference record
- SC Gen 25 paragraphs on evidence

**Example**: A generated paragraph that adds a date the witness did not give is removed, not “left because it sounds right”.

**Stop and escalate when**

- The tool is being used to write the affidavit in a voice the witness has not used.
- Confidential exhibits would be pasted into a public tool.

Checked 2026-09-22.

## Sources

- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*