An affidavit may be sworn or affirmed before or after the proceeding starts.
Note 1 Sections 21 and 23 of the Evidence Act 1995 allow a witness in a proceeding to choose whether to take an oath or affirmation.
Note 2 Section 45 of the Act provides the persons before whom an affidavit may be sworn. See also section 186 of the Evidence Act 1995.