---
title: "Draft an affidavit or witness statement from the proofing note"
url: "https://ailawframework.com/practice/family-law/draft-an-affidavit-or-witness-statement-from-the-proofing-note"
type: "task"
site: "AI Law Framework"
id: "A16-T1-R2"
practice_area: "Family Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-01"
---

# Draft an affidavit or witness statement from the proofing note

> Index the annexures against the lawyer's draft affidavit, list every assertion in that draft with no support in the proofing note or the permitted documents, and check it against the Court's affidavit form and the page…

Canonical page: https://ailawframework.com/practice/family-law/draft-an-affidavit-or-witness-statement-from-the-proofing-note  
Last reviewed: 2026-10-01

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Index the annexures against the lawyer's draft affidavit, list every assertion in that draft with no support in the proofing note or the permitted documents, and check it against the Court's affidavit form and the page and annexure limits for the Division it is filed in. The tool writes no part of the affidavit or witness statement. |
| What the lawyer must review | The lawyer writes the affidavit in the deponent's own words from the proofing note, and the deponent must read and adopt it before it is sworn. Strip argument and anything not in the proof or the permitted documents. Do not use subpoenaed or sensitive records without an express permission check. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Check every line**

For FCFCOA matters, PD-AI 4.9 requires caution and evidence based on the witness’s own knowledge, experience or opinion in their own words. Review the complete draft with the witness. PD-AI 4.11 does not generally require an ordinary court user to add an AI-use declaration unless requested; retain enough information to explain the tool and checking if asked. NSW Supreme Court restrictions are different and apply in their own scope.

- What the AI does: Index the annexures against the lawyer’s draft affidavit, list every assertion in that draft with no support in the proofing note or the permitted documents, and check it against the Court’s affidavit form and the page and annexure limits. The tool writes no part of the affidavit or witness statement.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects the consequence of an error and the amount of independent review the described output needs.
- Restriction: The witness supplies the evidence. AI must not replace their knowledge, words or confirmation.
- Written for: NSW

## Checks the lawyer makes

1. Confirm the applicable court and current evidence and AI requirements before preparing the document.
2. Confirm every factual assertion with the witness and relevant source, preserving their own words and uncertainty.
3. Check each paragraph, name, date and exhibit; remove invented detail and unsupported inference.
4. Have the witness read and confirm the final account before it is signed or sworn, and meet any applicable disclosure requirement.

## Notes

- These are suggested working checks. The cited court, tribunal or scheme requirements apply only within their stated scope.

## Sources

- [FCFCOA Practice Direction: Use of Artificial Intelligence](https://www.fcfcoa.gov.au/pd/pd-ai) (checked 2026-09-16)
- [Supreme Court of NSW: SC Gen 23, amended 28 January 2025](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-09-16)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/family-law/draft-an-affidavit-or-witness-statement-from-the-proofing-note/united-states.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.*