Affidavits
What is an affidavit?
An affidavit is a way to give evidence which is sworn under oath. In other words, an affidavit is a sworn or affirmed statement of written facts. Affidavits are used to support your case as a form of evidence when you are applying for interim or consent orders. Only include relevant facts in your affidavit. They should be 100% accurate and told in chronological order if possible.
What are some of the strict rules for affidavits?
Ensure that everything being said in your affidavit is true, to the best of your knowledge. It is best not to include something in your affidavit if you are unsure if it is true or not. If you think something is true, but are unsure about it, you can still include it in your affidavit after using the phrase “I believe”. Always use facts that are relevant to your case and avoid mentioning your opinion in your affidavit, as affidavits are a statement of facts.
What is hearsay?
Hearsay is typically a statement and/or information offered in court that a witness has learned from someone else, but the witness has no first-hand knowledge of it. Hearsay is considered inadmissible in court because it is not direct evidence and cannot be verified through cross-examination.
What are the situations where hearsay may be admissible?
However, there are some situations where hearsay may be admissible in court: if the hearsay is accompanied by evidence that is reliable, if one is using hearsay to provide context to other evidence and/or the use of hearsay evidence is necessary (ie. when a child’s evidence is required…), it is allowed.
What is included in affidavits?
First, you should identify yourself and make the following statements in all affidavits.
I, [insert name], make oath and give evidence as follows:
- I am the applicant (or respondent) herein and as such have personal knowledge of the evidence sworn in this affidavit except where otherwise stated to be based on information or belief
- I state, in this affidavit, the source of any information that is not based on my personal knowledge, and I state my belief of the source.
I was advised by [name of person] and do verily believe that [remainder of sentence].
What format is necessary for an affidavit?
Make sure to check for any court rules on how long your affidavit can be, as affidavits can vary from one to two paragraphs to a couple pages long. Nevertheless, keep your affidavit as short as possible and provide page numbers. Facts should be in short paragraphs, focused on one idea. Number your paragraphs on the left side. Your affidavit should be spaced 1.5 at the least, and a return should space each paragraph. Use a 12 point font for the body of your affidavit. The court forms are “fillable forms” that allow you to type your affidavit right on the document – that way you can print your affidavit from there and file it with the court. Use full names the first time you refer to a person. You can then shorten it. For example, Jane Doe (hereon known as “Jane”). You must never split the jurat (the signature portion of the affidavit. It should all be on one page. It should never be on a page by itself. Make sure there is at least 1 paragraph above it.
What are exhibits to the affidavit?
Exhibits to the affidavit are additional documents (that can be printed on paper) to support statements made in your affidavit. Exhibits can be photographs, tax returns, web page printouts, receipts etc.
What format is necessary to include exhibits?
To attach an exhibit, you must refer to it in your affidavit. Each exhibit should be assigned a letter in alphabetical order, meaning that the first exhibit should be labeled Exhibit A and the second exhibit should be labeled Exhibit B and so forth. Whenever you refer to an exhibit in your affidavit, it must be bolded. Exhibits are to be attached at the end of your affidavit, and if an exhibit has multiple pages, it must be numbered. Make sure you bring your exhibits along with your affidavit to the commissioner to get it sworn.
What does it mean to swear or affirm an affidavit?
Affidavits must be sworn i.e. stamped and dated. To swear or affirm an affidavit is to promise that all statements in your affidavit are true. You are to sign your affidavit in front of an authorized person, who would then also take your oath or affirmation and also sign it. Commissioners can be lawyers, public notaries, commissioners of oaths, staff in lawyer’s offices or even a court clerk. Clerks at the Superior Court of Justice will commission your documents for free. When you go to have an affidavit sworn, be sure to bring official identification with a photo, like a driver’s license.