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Difference between revisions of "How Do I Prepare an Affidavit?"
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How Do I Prepare an Affidavit? (view source)
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==Exhibits== | ==Exhibits== | ||
''Exhibits'' are documents that you attach to your affidavit, usually to support some point you're making in your affidavit. If, for example, you say that your income is $42,000 per year, you might want to attach your most recent T4 slip or your most recent income tax return to show that your income is in fact $42,000 per year | ''Exhibits'' are documents that you attach to your affidavit, usually to support some point you're making in your affidavit. If, for example, you say that your income is $42,000 per year, you might want to attach your most recent T4 slip or your most recent income tax return to show that your income is in fact $42,000 per year. | ||
When you attach an exhibit, you have to introduce it in your affidavit. You can't just attach reams of documents to the back | Exhibits can be almost anything: a receipt, a printout of your <span class="noglossary">child's</span> school's website, a letter, a doctor's note, a company search result, a report card, a speeding ticket, a photograph, an appraisal, a bank statement, a Valentine's Day card... pretty much anything. If something can be reduced to paper, it can be an exhibit. | ||
When you attach an exhibit, you have to introduce it in your affidavit. You can't just attach reams of documents to the back. You have to explain what the document is in your affidavit and say that the document you are attaching is a "true copy" of the original. Each exhibit is identified sequentially by a letter, "A," "B," "C," and so forth. For example: | |||
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The important thing about exhibits is that they are ''hearsay''. Just because you've attached something as an exhibit doesn't make the statements made in the exhibit true. While business information like a bank statement or a receipt <span class="noglossary">will</span> be taken as true, subjective information — like the contents of a letter from your mother, brother, friend or co-worker — won't be automatically accepted by the court. | The important thing about exhibits is that they are ''hearsay''. Just because you've attached something as an exhibit doesn't make the statements made in the exhibit true. While business information like a bank statement or a receipt <span class="noglossary">will</span> be taken as true, subjective information — like the contents of a letter from your mother, brother, friend or co-worker — won't be automatically accepted by the court. | ||
This is important to understand, because lots of people want to attach testimonials and other sorts of information to their affidavits to make them look as good as possible, or to make their ex look as bad as possible. For example, "Sally is the best mother I have ever seen | This is important to understand, because lots of people want to attach testimonials and other sorts of information to their affidavits to make them look as good as possible, or to make their ex look as bad as possible. For example, "Sally is the best mother I have ever seen; she obviously treasures her children and they mean the world to her" or "Bob is a terrible parent who used to throw rocks at the children when they were infants to see if they'd flinch." What <span class="noglossary">will</span> the court get out of such obviously biased information? Not a lot. | ||
The letter from your mother is hearsay, just as if you'd said what your mother told you in your affidavit. The court <span class="noglossary">will</span> accept as true the fact that your mother wrote the letter, but it won't necessarily accept what your mother says in the letter as true. If what your mom has to say is so important, get her to prepare an affidavit of her own. That is something that the court <span class="noglossary">will</span> pay attention to. | The letter from your mother is hearsay, just as if you'd said what your mother told you in your affidavit. The court <span class="noglossary">will</span> accept as true the fact that your mother wrote the letter, but it won't necessarily accept what your mother says in the letter as true. If what your mom has to say is so important, get her to prepare an affidavit of her own. That is something that the court <span class="noglossary">will</span> pay attention to. | ||