How Do I Prepare a Supplemental Affidavit?

From Clicklaw Wikibooks

In many family law court proceedings, it is not uncommon to have three, four or even fifteen affidavits prepared in the course of things. In most cases, the first affidavit describes the background facts about who the couple are, when they met, when they separated, who their children are and so forth. Affidavits after that usually update the court about events occurring since the previous affidavit was sworn.

New affidavits don't replace any of the previous affidavits, they just add to the written evidenceFacts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony." in the court file. Each affidavit stands on its own.

To make a new affidavit after the first affidavitA legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness.", follow all the steps described in How Do I Prepare an Affidavit? and make sure that you change the number of the affidavit given in the top right-hand corner of the first page. Instead of:

This is the 1st affidavit

of J.A. Doe in this caseIn law, a court proceeding; a lawsuit; an action; a cause of action; a claim. Also the historic decisions of the court. See "action," "case law, " "court proceeding," and "precedent."

and was made on 1 April 2013

...the second affidavit might read:

This is the 2nd affidavit

of J.A. Doe in this case

and was made on 15 April 2013

Apart from this minor change, affidavits prepared after the first affidavit are prepared in exactly the same way as the first affidavit was prepared.

Note that you can refer to previous affidavits in your new affidavit. Just be sure to identify the affidavit by the date the affidavit was made and by the person who made it. If you're going to be referring to specific parts of that affidavit, mention the paragraph numbers as well.

13. In my third affidavit, sworn on 10 August 2012, I state at paragraph 42 that I was the parentIn family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent" and "stepparent." who was primarily responsible for taking the children to their medical appointments. I was also the parent primarily responsible for attending to the children's dental, counselling and therapeutic appointments. I was also the parent who attended the children's parent-teacher meetings.
14. The Respondent alleges, at paragraph 17 of his second affidavit, sworn on 1 August 2012, that he was the parent who booked and paid for the children's ballet and hockey lessons. The truth of the matter is that while he did pay for two or three of the children's hockey lessons, I was the parent who spoke to their coaches and instructors, arranged for their enrollment, and paid for the majority of the cost of these lessons.

For more information, see How Do I Prepare an Affidavit? and How Do I Fix an Error in an Affidavit or Add to an Affidavit?.


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