Evidence or submissions? — Self Rep Ready
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No assumed knowledge NSW 4 min read

Evidence or submissions?

Two words that look interchangeable and are not. Evidence is what proves the facts. Submissions are what you say the court should make of them. Most self-represented documents go wrong by putting one where the other belongs.

Use this when

You have been told to file "evidence" or "submissions", or both, and you are not sure which of the things you want to say goes where.

Leave with

A test you can apply to any sentence, and a habit of writing the two kinds of document in different files, in different voices.

Verify with

A barrister with a NSW evidence practice.

The central rule

Evidence says what happened. Submissions say what it means.

Evidence is a witness's account of things they saw, heard, did or received, usually in an affidavit, with documents attached. Submissions are argument: this is the law, these are the facts the evidence proves, this is the order the court should make. A court reads them differently, weighs them differently, and has rules about what may appear in each.

The distinction is not a formality. A fact that appears only in submissions is not proved. An argument that appears in an affidavit may be struck out, and it makes the rest of the affidavit look less reliable.

What evidence is

In NSW civil courts, evidence is often given in writing by affidavit, with documents exhibited or annexed; depending on the court and the directions it may instead be by witness statement or oral evidence, and some facts can be established by agreement, by judicial notice, or, on interlocutory applications, by sourced hearsay. This page uses the affidavit as its example. Whatever the form, evidence has the same character:

  • It usually comes from a person who knows the fact first-hand: they saw it, heard it, wrote it, received it.
  • In an affidavit it is stated as fact, without argument, usually in the first person and past tense: "On 20 March 2026 I received the email at annexure A." The style is guidance; the absence of argument is the requirement.
  • It is sworn or affirmed, so the person is accountable for its truth.
  • It is subject to the rules of evidence, principally the Evidence Act 1995 (NSW), which decide what a court may take into account (some lists, such as Local Court small claims, are not bound by them). Hearsay, opinion and irrelevant material have rules of their own.

The evidence is the raw material. If a disputed fact matters and has not been properly established, the court cannot act on it, however true it is.

What submissions are

Submissions are what you say to the court, in writing or out loud, about what the evidence shows and what should follow. They are not sworn. They are not evidence of anything. They are the argument.

  • They identify the questions the court has to decide.
  • They state the relevant law, with citations the court can check. The citation guide is for this.
  • They point to the evidence, by affidavit paragraph and exhibit page, that proves each fact relied on.
  • They say what conclusion follows and what orders the court should make.
  • They may deal with the other side's argument and say why it should not be accepted.

A submission that says "the meeting took place on 12 May" is only as good as the affidavit paragraph it cites for that fact. A submission that says "as the court will appreciate, the company behaved badly" cites nothing and persuades nobody.

Side by side

The same point, in each document
Evidence (affidavit)Submissions
Who speaksA witness, about what they know first-hand.The party or their representative, to the court.
Tense and voicePast tense, first person, plain. "I sent." "I received." "Annexed and marked A is…"Present tense, argumentative. "The applicant submits…" "The evidence establishes…"
What it containsFacts, documents, and what the witness saw, heard or did.Law, reasoning, references to the evidence, proposed orders.
What it must not containArgument, opinion on the law, characterisations like "unfair" or "in breach", what someone else told the witness (except where a rule allows it).New facts not in evidence. "I" statements about events.
Sworn?Yes.No.
Example"On 3 April 2026 I received the invoice annexed and marked B. I had not performed any services in April 2026.""The invoice at exhibit B (Lee affidavit, para 9) was issued after the termination date. The applicant submits that it was not payable under clause 8 of the agreement (exhibit A, page 4)."
General information only, not legal advice. What may be included in evidence, and the form, length and timing of affidavits and submissions, are governed by the Evidence Act 1995 (NSW), the Uniform Civil Procedure Rules and the practice notes of the court dealing with your matter; federal and other state courts have their own rules. All names, documents, dates and events in the examples are fictional. Last reviewed: September 2026.