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Difference between revisions of "How Do I Fix an Error in an Affidavit or Add to an Affidavit?"
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How Do I Fix an Error in an Affidavit or Add to an Affidavit? (view source)
Revision as of 23:28, 25 August 2017
, 23:28, 25 August 2017no edit summary
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If you have to add new information or documents that should have been in the previous affidavit, you'll have to do up a new affidavit. In the beginning of the affidavit, just state that you're making the affidavit to give the court new information, and then set out the additional information you need to give the court. | If you have to add new information or documents that should have been in the previous affidavit, you'll have to do up a new affidavit. In the beginning of the affidavit, just state that you're making the affidavit to give the court new information, and then set out the additional information you need to give the court. | ||
{{#time: [[Y "(year)"]] }} | |||
In the example below, paragraph 1 is the standard beginning paragraph of an affidavit. Paragraph 2 explains that the affidavit is filed to give additional information. The other paragraphs add a new document and give some new information. | In the example below, paragraph 1 is the standard beginning paragraph of an affidavit. Paragraph 2 explains that the affidavit is filed to give additional information. The other paragraphs add a new document and give some new information. | ||
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| 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> | | 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> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>2.</tt>||<tt>I make this my affidavit to supplement the evidence given in my second affidavit, sworn in this matter on 1 April | | align=right | <tt>2.</tt>||<tt>I make this my affidavit to supplement the evidence given in my second affidavit, sworn in this matter on 1 April 2016 (the "Second Affidavit").</tt> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>3.</tt>||<tt>At paragraph 32 of the Second Affidavit, I describe how the Respondent and I bought our | | align=right | <tt>3.</tt>||<tt>At paragraph 32 of the Second Affidavit, I describe how the Respondent and I bought our 1982 Chevy Pinto. I have now found the sales receipt for that purchase, which shows that I paid all of the down payment. Attached to this my Affidavit as EXHIBIT "A" is a true copy of the sales receipt, dated 1 April 2006.</tt> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>4.</tt>||<tt>At paragraph 44 of the Second Affidavit, I discuss how the Respondent and I bought the green filing cabinet. I have had the chance to give further thought to this purchase, and I now recall that it had four drawers. I accidentally omitted this fact in the Second Affidavit.</tt> | | align=right | <tt>4.</tt>||<tt>At paragraph 44 of the Second Affidavit, I discuss how the Respondent and I bought the green filing cabinet. I have had the chance to give further thought to this purchase, and I now recall that it had four drawers. I accidentally omitted this fact in the Second Affidavit.</tt> | ||
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#Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. | #Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. | ||
#When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information about it). | #When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information about it). | ||
#Write your initials in the margin of the page beside the line you have corrected. The lawyer or notary <span class="noglossary">will</span> put | #Write your initials in the margin of the page beside the line you have corrected. The lawyer or notary <span class="noglossary">will</span> put their initials there too. Repeat until you have corrected all errors. | ||
#The notary or lawyer <span class="noglossary">will</span> then have to re-swear your affidavit, which just means that you'll have to give your oath that the corrected affidavit is true and sign the affidavit again, below your old signature, and the lawyer or notary <span class="noglossary">will</span> sign the affidavit again. | #The notary or lawyer <span class="noglossary">will</span> then have to re-swear your affidavit, which just means that you'll have to give your oath that the corrected affidavit is true and sign the affidavit again, below your old signature, and the lawyer or notary <span class="noglossary">will</span> sign the affidavit again. | ||
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| 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> | | 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> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>2.</tt>||<tt>I make this my affidavit to correct certain evidence given in my second affidavit, sworn in this matter on 1 April | | align=right | <tt>2.</tt>||<tt>I make this my affidavit to correct certain evidence given in my second affidavit, sworn in this matter on 1 April 2016 (the "Second Affidavit").</tt> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>3.</tt>||<tt>At paragraph 12 of the Second Affidavit, I discuss how the Respondent and I bought the green filing cabinet. I have had the chance to give further thought to this purchase, and I now recall that it was a black filing cabinet and that it had four drawers not three. I was mistaken with respect to these two facts in the Second Affidavit.</tt> | | align=right | <tt>3.</tt>||<tt>At paragraph 12 of the Second Affidavit, I discuss how the Respondent and I bought the green filing cabinet. I have had the chance to give further thought to this purchase, and I now recall that it was a black filing cabinet and that it had four drawers not three. I was mistaken with respect to these two facts in the Second Affidavit.</tt> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>4.</tt>||<tt>At paragraph 15 of the Second Affidavit, I state that the Respondent was late in picking the children up from school on 1 April | | align=right | <tt>4.</tt>||<tt>At paragraph 15 of the Second Affidavit, I state that the Respondent was late in picking the children up from school on 1 April 2009. Since I made the Second Affidavit, I have had the chance to review my calendar and refresh my memory, and I realize that the Defendant was not late in picking the children up that day.</tt> | ||
|- valign="top" | |- valign="top" | ||
| align=right | <tt>5.</tt>||<tt>At paragraph 18 of the Second Affidavit, I state that the Respondent has two cars. I have read the Respondent's third affidavit, sworn in this matter on 12 April | | align=right | <tt>5.</tt>||<tt>At paragraph 18 of the Second Affidavit, I state that the Respondent has two cars. I have read the Respondent's third affidavit, sworn in this matter on 12 April 2016, and I admit that the Respondent is correct when he says that he has but one car. The evidence I gave in the Second Affidavit on this point was incorrect. I had forgotten that the Defendant sold the Chevy Pinto in 2006.</tt> | ||
|} | |} | ||