An affidavit is a form of evidence. It is a written statement of facts. The person making the affidavit promises that the facts are true by taking an “oath” or “solemn affirmation”. The oath or solemn affirmation is done in front of a “commissioner of affidavits” (usually a lawyer, notary public, or registry officer). Affidavits often have “exhibits” attached. Exhibits are documents that relate to the subject of the affidavit.In the BC Supreme Court, there is a form you must fill out for your affidavit. It is called Form109. Affidavits are filed in the Court registry, and copies are given to other parties to a lawsuit.
The person who makes the statement in the affidavit is called the “affiant” or the “deponent”.
The absolute most important thing about making an affidavit is to be truthful. It is illegal to lie in an affidavit. It can be a form of perjury. Further, if you rely on a false or misleading affidavit, and this is discovered, this could seriously hurt your chances of success in court.
Swear or Affirm?
You will need to either “swear” or “affirm” your affidavit. To “swear” an affidavit means to take an oath on a religious text (for example the Bible, the Koran). To “affirm” an affidavit means you make a solemn promise that what you say is true. There is no difference in how the Court will look at your evidence if you choose to swear or affirm. Both are equal.
It does not matter whether you prefer to swear or affirm. However, you must choose one or the other. You cannot do both. If you are using a form that says something like Swear or Affirm, you need to pick one and cross out the other.
Creating an affidavit can be tricky. Doing a bad job may harm your chance of success. It is therefore a good idea to get legal help with your affidavit if you can. You may get help with your affidavit even if you are not going to use a lawyer for the rest of your case.
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