What is an Affidavit?

An Affidavit is a sworn legal document used as evidence in court or to affirm a claim someone is making. It contains a written statement of facts, events or circumstances relevant to a legal case. Affidavits are typically used to support or oppose motions and applications in court, or to provide evidence in a trial. The person making the Affidavit is called an affiant or deponent.

Key Requirements of an Affidavit

In Canada, certain requirements must be met for an Affidavit to be valid. These requirements include:

• The affiant must have written and signed the Affidavit.
• The affiant must swear or affirm that the contents of their Affidavit are true and correct.
• The Affidavit must be signed and witnessed by someone authorized to administer oaths or affirmations, like a notary public or commissioner of oaths .
• The individual administering the oath or affirmation must verify the affiant’s identity.
• The individual administering the oath or affirmation must verify that the affiant understands the contents of their Affidavit and what they’re singing.
• The Affidavit must be filed with the appropriate court or tribunal.

It’s important that the affiant is of sound mind and demonstrates that they understand the contents of the Affidavit. Like an oath made in a court of law, an Affidavit must be made voluntarily, without coercion.

Additionally, an affiant must confirm that the facts in their Affidavit are true before an authorized official, who signs and stamps the Affidavit. In Canada, making a false statement in an Affidavit can be considered perjury , a criminal offence. Therefore, an affiant must provide true and accurate information in their Affidavit.

If you have additional evidence to include with your Affidavit, you can attach documents to it. Evidence attached to your Affidavit is called an exhibit. For example, if you’ve stated that you make an annual salary of $50,000 in your Affidavit, you may want to attach a recent tax slip as an exhibit.

The Purpose of an Affidavit

General Affidavits are used in various legal proceedings, including civil and criminal cases, family law matters, and administrative hearings. Their main purpose is to provide evidence in a wide range of situations. This evidence can outline the circumstances surrounding a contract, events leading up to an accident, or details of a financial transaction.

This document can be used as evidence in court without requiring an affiant to be physically present. This works well for those who cannot physically attend court when they aren’t legally required to attend. Additionally, an Affidavit is a more accurate way to keep legal records for court cases and other matters.

Founder and General Counsel at NotaryPro, Robert Only, explains when an Affidavit is used:

An Affidavit is a legal document used as evidence to officially prove something. In addition to being used in family, criminal, and small claims proceedings, Affidavits can be used in various other situations. The government may require you to submit one for administrative purposes, such as proving vehicle ownership or marital status. Our goal was to make drafting an Affidavit as easy as possible. We offer a library of free Affidavit templates, so our clients don’t need to worry about formatting or missing any steps.

Whether you need to verify a marriage, claim an asset, or make a formal statement in court, creating an Affidavit is simple. We offer a free, general Affidavit template for your convenience. You can also browse our wide range of other Affidavit templates to draft one in minutes!

Notarization: Swearing or Affirming an Affidavit

You must have your Affidavit notarized by an official authorized to administer oaths and affirmations by law . During notarization, the affiant swears or affirms that the contents of their Affidavit are true before the authorized official.

To “swear” is to make an oath on a religious text (e.g., the Bible or the Torah). To “affirm” is to make a solemn promise you declare to be true. The law will look at your evidence equally, whether you choose to swear or affirm your Affidavit.

During a notary appointment, an authorized official will confirm the affiant’s identity and that they’ve made their statements voluntarily. Next, they’ll sign the Jurat of the Affidavit and stamp it with a notary seal. The affiant must also sign the Affidavit. An authorized official can be a:

• Notary public
• Commissioner of oaths
• Lawyer
• Judge
• Justice of the peace
• Minister
• Certain officials at local municipalities

When Do I Need an Affidavit?

An individual typically needs an Affidavit to provide evidence or support for legal and administrative proceedings. These include civil litigation, family law, criminal law, commercial law, business law, property law, and immigration procedures. Our Affidavit template page contains further information on the circumstances listed below :

• Personal Injury Claims
• Divorce Cases
• Property Disputes
• Estate administration
• Contract Breach Disputes
• Immigration Applications
• Will Contestations
• Child Custody and Access Disputes
• Educational Loans
• Proof of Vehicle Ownership
• Real Estate Transactions

What Information Should an Affidavit Contain?

While specific types of Affidavits may differ, a General Affidavit includes the following sections:

• Affiant’s Statement: An affiant has to identify themselves as the person making the Affidavit. This statement should include the affiant’s name, date of birth, nationality, address, proof of identity, and occupation.
• Knowledge Statement: This is the first paragraph of an Affidavit, it states how an affiant has personal knowledge of the facts they describe.
• Body of the Affidavit: This is where an affiant presents their evidence and tells their story. Ensure you stick to facts that you personally know to be true and leave out any emotional statements.
• The Recipient of Your Affidavit: The affiant outlines which court or organization their Affidavit is going to, and declares that they’re not making it for unlawful purposes.
• The Jurat: The notary or commissioner will sign and date this portion to validate that the affiant swore or affirmed the Affidavit before them. They’ll also provide the city/town and province/state where the affiant swore or affirmed the Affidavit.

Get Your Affidavit Notarized Today

If you need an Affidavit notarized, consider using an online notary service like NotaryPro. NotaryPro’s notary experts are licensed professionals authorized to notarize documents in Canada. Therefore, your Affidavit will be legally recognized and accepted by courts and other entities in Canada and abroad.

To use NotaryPro’s instant online notary service, upload your document and follow the instructions provided. The process involves meeting with a notary public over a video call, verifying your identity, and having the notary stamp your document.

The best part? With NotaryPro, you can have your Affidavit notarized from the comfort of your home or office in under 7 minutes. If you already have an Affidavit, simply book an online notary appointment today, and see how easy it can be.

Need to create an Affidavit first? choose the Affidavit template you need to get started!