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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'' 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. | ||
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. | 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: | 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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| 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> | ||
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| 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. | | 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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<tt><blockquote><blockquote>This is Exhibit "___" in the Affidavit of _________________ , sworn before me at _______________________ , British Columbia, this ___ day of ___________ , 20_____ .</blockquote></blockquote></tt> | <tt><blockquote><blockquote>This is Exhibit "___" in the Affidavit of _________________ , sworn before me at _______________________ , British Columbia, this ___ day of ___________ , 20_____ .</blockquote></blockquote></tt> | ||
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" | The stamp also provides a space for the lawyer's 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'''17'''.</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. | ||
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. | 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. | ||