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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The text of an affidavit is set out in numbered paragraphs. It's a good idea to state who you are and how you have personal knowledge of the facts that you are describing in the first paragraph of your affidavit (this is taken care of in the form required by the Provincial Court), and to say why you are swearing the affidavit in the second paragraph. For example, in the first paragraph you must say something like:
The text of an affidavit is set out in numbered paragraphs. It's a good idea to state who you are and how you have personal knowledge of the facts that you are describing in the first paragraph of your affidavit (this is taken care of in the form required by the Provincial Court), and to say why you are swearing the affidavit in the second paragraph. For example, in the first paragraph you must say something like:


<tt><ol start="1">
:{|
<li>I am the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.
|-
</ol></tt>
| align=right |  <tt>1.</tt>||<tt>I am the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.</tt>
|}


In the second paragraph you might say:
In the second paragraph you might say:
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If you are having a friend or relative make the affidavit, the first paragraph might read:
If you are having a friend or relative make the affidavit, the first paragraph might read:


<tt><ol start="1">
:{|
<li>I am the sister of the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.</li>
|-
</ol></tt>
| align=right |  <tt>1.</tt>||<tt>I am the sister of the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.</tt>
|}


Every page of your affidavit must be numbered, including each page of any exhibits you might have attached. An ''exhibit'' is a document, including a picture, that is included in an affidavit to support to the facts described in the affidavit.
Every page of your affidavit must be numbered, including each page of any exhibits you might have attached. An ''exhibit'' is a document, including a picture, that is included in an affidavit to support to the facts described in the affidavit.
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Affidavits drafted by me often look something like this:
Affidavits drafted by me often look something like this:
<blockquote>
:{|
<tt>
|-
 
| align=right |  <tt>1.</tt>||<tt>I am the Claimant in this matter and as such have personal knowledge of the facts hereinafter deposed to.</tt>
<ol start="1">
|-
<li>I am the Claimant in this matter and as such have personal knowledge of the facts hereinafter deposed to.</li>
| align=right | ||<tt>'''Application'''</tt>
</ol>
|-
 
| align=right |  <tt>2.</tt>||<tt>In my application, by Notice of Application dated 15 January 2010, I seek an order that the Respondent be restrained from removing the children, Sally Ann Doe, born on 1 January 2008, and John Fred Doe, born on 1 January 2009, from Kelowna, British Columbia, and an order that the Respondent pay support to me for the benefit of the children.</tt>
'''Application'''
|-
 
| align=right |  <tt>3.</tt>||<tt>In the Respondent's application, by Notice of Application dated 1 January 2010, he seeks an order that I pay spousal support to him. I oppose the Respondent's application because he works full-time and is self-sufficient.</tt>
<ol start="2">
|-
<li>In my application, by Notice of Application dated 15 January 2010, I seek an order that the Respondent be restrained from removing the children, Sally Ann Doe, born on 1 January 2008, and John Fred Doe, born on 1 January 2009, from Kelowna, British Columbia, and an order that the Respondent pay support to me for the benefit of the children.</li>
| align=right | ||<tt>'''Background'''</tt>
<li>In the Respondent's application, by Notice of Application dated 1 January 2010, he seeks an order that I pay spousal support to him. I oppose the Respondent's application because he works full-time and is self-sufficient.</li>
|-
</ol>
| align=right | <tt>4.</tt>||<tt>I am 32 years old and am presently employed as an <span class="noglossary">accountant</span> by the firm Smith Smith and Smith. I earn approximately $42,000 per year.</tt>
 
|-
'''Background'''
| align=right | <tt>5.</tt>||<tt>The Respondent is 34 years old and works full-time as a bricklayer with ABC Contracting. He earns about $38,000 per year.</tt>
 
|-
<ol start="4">
| align=right | <tt>6.</tt>||<tt>The Respondent and I met in the summer of 1996, and moved in together on 1 January 1997. We lived together in a unmarried relationship until 1 January 2012, when the Respondent left our home.</tt>
<li>I am 32 years old and am presently employed as an <span class="noglossary">accountant</span> by the firm Smith Smith and Smith. I earn approximately $42,000 per year.</li>
|-
<li>The Respondent is 34 years old and works full-time as a bricklayer with ABC Contracting. He earns about $38,000 per year.</li>
| align=right | <tt>7.</tt>||<tt>The Respondent and I have two children, Sally Ann Doe, who is 5 years old and in Grade 1 at Foggy Bottom Elementary, and John Fred Doe, who is 4 years old and in pre-school at ABC Community Centre.</tt>
<li>The Respondent and I met in the summer of 1996, and moved in together on 1 January 1997. We lived together in a unmarried relationship until 1 January 2012, when the Respondent left our home.</li>
|-
<li>The Respondent and I have two children, Sally Ann Doe, who is 5 years old and in Grade 1 at Foggy Bottom Elementary, and John Fred Doe, who is 4 years old and in pre-school at ABC Community Centre.</li>
| align=right | <tt>8.</tt>||<tt>I started this action on 1 July 2012, when I filed my Notice of Family Claim. I am asking for an order that the Respondent and I share parental responsibility for the children, that the children live mostly with me and that the Respondent have parenting time with the children every other weekend and overnight every Wednesday. I also seek an order that the Respondent pay child support to me for the benefit of the children.</tt>
<li>I started this action on 1 July 2012, when I filed my Notice of Family Claim. I am asking for an order that the Respondent and I share parental responsibility for the children, that the children live mostly with me and that the Respondent have parenting time with the children every other weekend and overnight every Wednesday. I also seek an order that the Respondent pay child support to me for the benefit of the children.</li>
|-
<li>On 1 September 2012, Master Smith made an order that the Respondent and I share parental responsibility for our children. The Master did not make an order for parenting time or child support, but the Respondent has been seeing the children on weekends and has been paying $200 per month to me as child support.</li>
| align=right | <tt>9.</tt>||<tt>On 1 September 2012, Master Smith made an order that the Respondent and I share parental responsibility for our children. The Master did not make an order for parenting time or child support, but the Respondent has been seeing the children on weekends and has been paying $200 per month to me as child support.</tt>
</ol>
|}
 
</tt>
</blockquote>
...and so on. Once I'm done introducing the basic background of the parties, I'll describe the events that led the applicant to be making the specific application before the court.
...and so on. Once I'm done introducing the basic background of the parties, I'll describe the events that led the applicant to be making the specific application before the court.
<blockquote>
<tt>


'''Circumstances of application'''
:{|
 
|-
<ol start="21">
| align=right | || <tt>'''Circumstances of application'''</tt>
<li>On 25 December 2012, the Respondent had Sally and John from noon until 7:00pm. We had agreed that he would return the children to my home at that time.</li>
|-
<li>The Respondent did not return the children as we agreed. I phoned him to find out what was wrong at 8:00pm. He told me that he was keeping the children until 27 December 2012 because his family wanted to see them on Boxing Day. He also said that he and the children would be moving to Calgary, Alberta.</li>
| align=right | <tt>21.</tt>||<tt>On 25 December 2012, the Respondent had Sally and John from noon until 7:00pm. We had agreed that he would return the children to my home at that time.</tt>
<li>The Respondent has family in Calgary. I am afraid that he intends to remove the children from Kelowna, where they have spent all of their lives and where they have family and friends.</li>
|-
</ol>
| align=right | <tt>22.</tt>||<tt>The Respondent did not return the children as we agreed. I phoned him to find out what was wrong at 8:00pm. He told me that he was keeping the children until 27 December 2012 because his family wanted to see them on Boxing Day. He also said that he and the children would be moving to Calgary, Alberta.</tt>
 
|-
</tt>
| align=right | <tt>23.</tt>||<tt>The Respondent has family in Calgary. I am afraid that he intends to remove the children from Kelowna, where they have spent all of their lives and where they have family and friends.</tt>
</blockquote>
|}
...and so on. If necessary, usually when an affidavit is particularly long or the facts are particularly complicated, I may summarize the orders I'm asking for and why I'm asking for them.
...and so on. If necessary, usually when an affidavit is particularly long or the facts are particularly complicated, I may summarize the orders I'm asking for and why I'm asking for them.
<blockquote>
<tt>


'''Summary'''
:{|
 
|-
<ol start="45">
| align=right | || <tt>'''Summary'''</tt>
<li>As a result of the Respondent's conduct I believe that the Respondent may decide to take the children to Calgary. I seek an order that the Respondent be restrained from removing our children from Kelowna without my express permission or the further order of this Honourable Court.</li>
|-
</ol>
| align=right | <tt>45.</tt>||<tt>As a result of the Respondent's conduct I believe that the Respondent may decide to take the children to Calgary. I seek an order that the Respondent be restrained from removing our children from Kelowna without my express permission or the further order of this Honourable Court.</tt>
|}


</tt>
</blockquote>
Remember to tell your story in the first person. It is ''you'' who is telling your story, and you are me, myself or I, not "the Claimant" or "the Respondent."
Remember to tell your story in the first person. It is ''you'' who is telling your story, and you are me, myself or I, not "the Claimant" or "the Respondent."


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