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Reading and writing legal documents

Information about preparing various legal documents if you are involved in a legal dispute.

Read the documents that relate to your case 

Before you start to write your document, you should read all the documents relating to your case. This can help you understand the disagreements between the parties in the case. It can also help you refresh your memory. If you are having trouble reading the documents, think about whether there is someone who might be able to help you, for example, a friend or staff at your local community centre.

For more information on how to read legal documents, see Reading legal documents.

Plan what you are going to write

Before writing your legal documents, you should plan what you are going to write. You should think about:

  • who you are writing to
  • the type of document you are writing
  • why you are writing
  • what you want to say
  • writing in drafts.

Having a plan will make sure the documents you write are clear and effective.

Once you have written a draft of your document, you can use the information below to prepare revised drafts of your legal document until you are happy with the final version.

Use a standard format

You should make sure that the document you write is presented in an easy-to-read and common format. It's best to type your document on a computer, however, if you have to hand-write it you should make sure your handwriting is clear and able to be read by others. You may be able to access computer facilities at a library, school or internet cafe. Any typed document should:

  • use a standard font such as Arial or Times New Roman. It can be very difficult to read a document written in a fancy or unusual font
  • use margins that are at least 2.5cm in from the left and right side of the page as well as the top and the bottom
  • use A4 paper size where appropriate
  • be in a portrait page set-up rather than landscape, and
  • align words to the left.

Make the layout easy to read

You should make sure that your document doesn't confuse the reader with large chunks of text, or tiny letters and words. The use of spacing is a simple and effective way of making your document easier to read.

Remember to:

  • use a font size that is not too small and not too big, for example size 10 to 12
  • divide the document into paragraphs, with each paragraph setting out a separate idea
  • keep paragraphs short
  • logically organise the information in your document and use headings where appropriate
  • leave enough space so that the page doesn't seem crowded with words
  • use dot points or numbered lists, and
  • use black ink if you are writing the document on your computer, or use blue or black pen if you are writing your document by hand.

Check your grammar and spelling

It is important to read over your document a few times and check your spelling and grammar. Poor spelling and grammar may make your document difficult to read and may also affect the way the reader understands your document.

Remember:

  • don't rely on spell check. It may correct the spelling of words but it doesn't tell you if you've used the wrong word, for example, 'their' or 'there'.
  • read what you've written and make sure it makes sense. Sometimes it helps to read documents out loud. This will help you work out if there are any sentences which are too long or confusing
  • re-read your final version before you send it
  • you can ask a friend or family member to read your document for you and tell you what they think it means to make sure that your document is easy to understand and that there are no spelling mistakes.

Avoid slang

Although being involved in legal disputes can be emotional, you should avoid using emotional language when writing legal documents. Swearing should be avoided at all costs, as it can make the situation worse.

Keep in mind that what you write may be read by a lawyer or court staff and they may not know your case as well as you do. They will not have invested as much time and energy into it as you have. Don't put your personal feelings in your document. Try to focus on the facts.

An exception to not using slang and swear words is if you are writing an affidavit or statement and you are writing what you or someone else said. You should always use the exact words that were said in those cases.

Use plain English

You should try to write in plain English and avoid using legal jargon. This is particularly important if you don't know what certain words mean. If you use big or complicated words or too many words, the reader may find your document difficult to understand or misinterpret what you are saying.

Remember to keep your sentences short, simple and clear. If a lawyer writes you a letter that is wordy and filled with jargon, you do not need to write a similar letter. It is always best to keep things simple.

If you want to know more about how to understand legal jargon used in documents you have received, see Reading legal documents, in this topic.

Make sense

Any legal document you write must make sense. If it is a letter, it should get to the point. If it is a Statement of Claim for a small claims matter in the Local Court, it should set out your claim and briefly explain what your claim is based on, for example a contract to pay money for services.

When writing any legal document, you should:

  • write it in date (chronological) order from oldest to newest if possible
  • keep different issues separate by using paragraphs or dot points
  • avoid irrelevant information. For example, don't try and explain your case if you are writing a letter asking only for an adjournment. Also, don't include information about why you dislike the other party if you are writing to them or their lawyer. If you are unsure what is relevant, see Checklist - Writing.

Using AI to prepare documents

Sometimes you are not allowed to use artificial intelligence to prepare documents, or there might be rules about how you can use it to prepare documents in legal matters.

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These rules allow AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court , Supreme Court and Local Court also have Practice Notes which allow AI use for some types of documents, such as chronologies and indexes.

Under the rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to create the content. You must not put any confidential information about your matter into an AI program.  If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

If you are involved in a court case, you might have been told to prepare written evidence. There are three main ways of providing that evidence: affidavits, statements and statutory declarations. The type of evidence that you write will depend on your specific situation and any orders that have been made.

A statutory declaration is usually used where there are no court proceedings but some fact needs to be proved. If you are involved in a court case in the Local Court of NSW, statements are often used so that each party knows what evidence the other party has. If you are involved in a case in the District or Supreme Courts of NSW, or in some Federal Courts, affidavits, which contain sworn, written evidence, are often used.

For more information on how to write each of the three types of written evidence, see:

​If you need to put evidence in writing, you should get legal advice.

Witnessing documents

If you need to make a statutory declaration or affidavit, you will need an approved witness or authorised person to witness your signature (watch you sign the document to confirm that it was you who signed it).

For more information about the witnessing of documents, see Witnessing documents.

Subpoenas

A subpoena is a court order that tells someone to produce something and/or give evidence at a hearing or trial. For more information, see Applying for and being given a subpoena.

Agreement and settlements 

Before a court case starts, or during a court case, you and the other party might agree to settle the case. Agreements and settlements are usually put in writing.

A deed of release is often used to settle a dispute where a court case has not been started. A deed of release can also be used even where a court case has been started, along with Consent Orders or a Notice of Discontinuance.

A settlement is an agreement between the parties to a court case to resolve the matter themselves, before the case is decided by the court. Settlement agreements are often made with Consent Orders, which can include judgment by consent.

Before making an agreement or settlement, you should get legal advice.

For more information, see Agreements and settlements.

Emails and faxes

Sometimes you may be able to use fax or email to communicate with other parties involved in your legal dispute or the courts.

For more information, see Emails and faxes. 

Last updated May 2026

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