Difference between revisions of "How Do I Prepare an Affidavit?"

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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:


<ol start="1">
<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>I am the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.
</ol>
</ol></tt>


In the second paragraph you might say:
In the second paragraph you might say:


<ol start="2">
<tt><ol start="2">
<li>I make this my affidavit in support of my application by Notice of Application dated 1 April 2013.
<li>I make this my affidavit in support of my application by Notice of Application dated 1 April 2013.
</ol>
</ol></tt>


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:


<ol start="1">
<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>I am the sister of the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.
</ol>
</ol></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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In the Supreme Court, you must put, in the upper-right hand corner of the first page, the name of the person swearing the affidavit, the sequential number of the affidavit in the affidavits sworn by that person so far, and the date the affidavit was sworn on. For example, if you are Jane Alice Doe, and this is your third affidavit, you would put this:
In the Supreme Court, you must put, in the upper-right hand corner of the first page, the name of the person swearing the affidavit, the sequential number of the affidavit in the affidavits sworn by that person so far, and the date the affidavit was sworn on. For example, if you are Jane Alice Doe, and this is your third affidavit, you would put this:


<blockquote>This is the 3rd affidavit<br>
<tt><blockquote>This is the 3rd affidavit<br>
of J.A. Doe in this case<br>
of J.A. Doe in this case<br>
and was made on 1 April 2013</blockquote>
and was made on 1 April 2013</blockquote></tt>


Once your affidavit is done, you must have it ''notarized''. Affidavits can be notarized by lawyers, notaries public and certain court clerks, or anyone else who is authorized to take oaths in British Columbia. The lawyer or notary public <span class="noglossary">will</span> ask you whether you understand the contents of your affidavit and then ask you to swear an oath or affirm that the contents are true. If you say yes, the lawyer or notary <span class="noglossary">will</span> ask you 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.
Once your affidavit is done, you must have it ''notarized''. Affidavits can be notarized by lawyers, notaries public and certain court clerks, or anyone else who is authorized to take oaths in British Columbia. The lawyer or notary public <span class="noglossary">will</span> ask you whether you understand the contents of your affidavit and then ask you to swear an oath or affirm that the contents are true. If you say yes, the lawyer or notary <span class="noglossary">will</span> ask you 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.

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