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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If you say yes, the lawyer or notary <span class="noglossary">will</span> ask you to sign your name to the affidavit and <span class="noglossary">will</span> watch as you sign the document.  
If you say yes, the lawyer or notary <span class="noglossary">will</span> ask you to sign your name to the affidavit and <span class="noglossary">will</span> watch as you sign the document.  


The lawyer or notary <span class="noglossary">will</span> then sign his or her name and provide certain additional information about where the affidavit was notarized, and the date and so forth. The lawyer or notary <span class="noglossary">will</span> ask you to produce government-issued photo identification, like a driver's licence, to prove that you are who you say you are.
The lawyer or notary <span class="noglossary">will</span> then sign their name and provide certain additional information about where the affidavit was notarized, and the date and so forth. The lawyer or notary <span class="noglossary">will</span> ask you to produce government-issued photo identification, like a driver's licence, to prove that you are who you say you are.


After you've had your affidavit notarized, make at least four copies. The original is filed in court and another copy or two, depending on the circumstances, must be sent to the other side. Make sure you keep an extra copy for yourself!
After you've had your affidavit notarized, make at least four copies. The original is filed in court and another copy or two, depending on the circumstances, must be sent to the other side. Make sure you keep an extra copy for yourself!
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| align=right | ||<tt>'''Application'''</tt>
| align=right | ||<tt>'''Application'''</tt>
|- valign="top"
|- valign="top"
| 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>
| align=right |  <tt>2.</tt>||<tt>In my application, by Notice of Application dated 15 January 2014, I seek an order that the Respondent be restrained from removing the children, Sally Ann Doe, born on 1 January 2012, and John Fred Doe, born on 1 January 2013, from Kelowna, British Columbia, and an order that the Respondent pay support to me for the benefit of the children.</tt>
|- valign="top"
|- valign="top"
| 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>
| align=right |  <tt>3.</tt>||<tt>In the Respondent's application, by Notice of Application dated 1 January 2014, 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>
|- valign="top"
|- valign="top"
| align=right | ||<tt>'''Background'''</tt>
| align=right | ||<tt>'''Background'''</tt>
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| 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>
| 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>
|- valign="top"
|- valign="top"
| 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>
| align=right | <tt>6.</tt>||<tt>The Respondent and I met in the summer of 2004, and moved in together on 1 January 2005. We lived together in a unmarried relationship until 1 January 2016, when the Respondent left our home.</tt>
|- valign="top"
|- valign="top"
| 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>
| 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>
|- valign="top"
|- valign="top"
| 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>
| align=right | <tt>8.</tt>||<tt>I started this action on 1 July 2016, 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>
|- valign="top"
|- valign="top"
| 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>
| align=right | <tt>9.</tt>||<tt>On 1 September 2016, 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>
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|}
...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.
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| align=right | || <tt>'''Circumstances of application'''</tt>
| align=right | || <tt>'''Circumstances of application'''</tt>
|- valign="top"
|- valign="top"
| 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>
| align=right | <tt>21.</tt>||<tt>On 25 December 2016, 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>
|- valign="top"
|- valign="top"
| 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>
| 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 2016 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>
|- valign="top"
|- valign="top"
| 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>
| 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>
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| align=right | <tt>16.</tt>||<tt>I have a lovely home on two acres of <span class="noglossary">land</span>. There are three bedrooms, a sauna, an outdoor swimming pool and a private petting zoo for when Michael comes over. Attached to this my Affidavit as EXHIBIT "G" are true copies of photographs of my home.</tt>
| align=right | <tt>16.</tt>||<tt>I have a lovely home on two acres of <span class="noglossary">land</span>. There are three bedrooms, a sauna, an outdoor swimming pool and a private petting zoo for when Michael comes over. Attached to this my Affidavit as EXHIBIT "G" are true copies of photographs of my home.</tt>
|- valign="top"
|- valign="top"
| align=right | <tt>17.</tt>||<tt>My home is worth about $350,000. Attached to this my Affidavit as EXHIBIT "H" is a true copy of the 2013 BC Assessment for my home.
| align=right | <tt>17.</tt>||<tt>My home is worth about $350,000. Attached to this my Affidavit as EXHIBIT "H" is a true copy of the 2017 BC Assessment for my home.
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Each separate exhibit is marked as an exhibit and shows which exhibit it is. Lawyers and notaries public <span class="noglossary">will</span> have a stamp that they use to give the basic information. The stamp says something like this:
Each separate exhibit is marked as an exhibit and shows which exhibit it is. Lawyers and notaries public <span class="noglossary">will</span> have a stamp that they use to give the basic information. The stamp says something like this:
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The stamp also provides a space for the lawyer or notary's signature, and the phrase "A Commissioner for the taking of Oaths for the Province of British Columbia". Filled out, the stamp <span class="noglossary">will</span> read like this:
The stamp also provides a space for the lawyer or notary's signature, and the phrase "A Commissioner for the taking of Oaths for the Province of British Columbia". Filled out, the stamp <span class="noglossary">will</span> read like this:


<tt><blockquote><blockquote>This is Exhibit "'''D'''" in the Affidavit of '''Jane Alice Doe''', sworn before me at '''Nanaimo''', British Columbia, this '''20th''' day of '''March''', 20'''13'''.</blockquote></blockquote></tt>
<tt><blockquote><blockquote>This is Exhibit "'''D'''" in the Affidavit of '''Jane Alice Doe''', sworn before me at '''Nanaimo''', British Columbia, this '''20th''' day of '''March''', 20'''17'''.</blockquote></blockquote></tt>


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.
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