An affidavit is a signed statement of fact made under oath. It is one of the main ways to present evidence to the court.
If you are filing an affidavit, you are a deponent. You must swear or affirm that the affidavit is true before a Commissioner for Oaths (CFO).
Affidavits may be required for a variety of court proceedings.
Common examples of affidavits include:
Refer to the following on what you need to do to prepare an affidavit.
Some types of affidavits follow a prescribed form. You need to follow the template provided by law on what you must include.
You also need to prepare the affidavit according to the practice directions of the court in charge of your case:
The court may reject your affidavit if it does not comply with the requirements.
In general, your affidavit should include:
Note: Legal arguments should not be included in affidavits. If you are not sure what a legal argument is or need help preparing your affidavit, you should seek independent legal advice.
You will need to swear or affirm the affidavit before a CFO. Find out how to arrange for CFO services.
You may then file the sworn or affirmed affidavit to the court in charge of your case.
Legislation associated with this topic includes: