I have annexed Division of the Federal Court Rules—Affidavits. Even worse is where the affidavit, for example, has frequent reference to the This is by no means to say that a lawyer has an unimportant role in relation to Note that evidence is led by affidavit not by merely filing the affidavit but by. See Resource D: Sample Affidavit and Resource E: Sample The first rule about preparing an affidavit is that you should tell court registry staff, non-lawyer advocates, other helpers, and this guidebook can only give you legal information . Affidavit of Disclosure of No Relationship - Download as Word Doc .doc), PDF File Sample Resolution Denying the Motion for Reconsideration - Bidding and the following guidelines are hereby issued for the information of all concerned.
Avoid opinions and conclusions even if they are based on the facts. He was drinking before he arrived at the house. When he arrived, he smelled strongly of alcohol and was slurring his words. I could tell she was unhappy about going to her dad's house.
When her dad comes to pick her up she cries and clings to me. OR She told me she didn't want to go to her dad's house. Avoid descriptions of how you felt or reacted. I was shocked to discover her new boyfriend had stayed overnight. Her new boyfriend has stayed at the house overnight. Why should I have to be the one to always pick up the children? I pick up the children every day after school and from their music lessons.
It's unfair that he gets to see the kids even though he is behind in his child support payments. He is three months behind in his child support payments.
He sees the children three times during the week and every other weekend.
Keep it relevant The information in your affidavit must be relevant to what you are asking the court to decide on. Although you start your affidavit with a general background section, you don't need to include all the details about your relationship and the arguments you've had. In a court case, information is considered relevant only if it can be used to prove or disprove an important fact or issue in your case. To help you figure out: Some other important tips Remember that your affidavit is not intended to tell the judge what conclusion to reach.
Rather, it must persuade the judge to come to the same conclusion that you did, based on the facts that you put into your affidavit.
Here are some tips to help you do that.
Tips for drafting an affidavit
Use plain language You don't need to use complicated or legal-sounding language. Write simply and use short sentences. Be brief and to the point Keep your details concise and directly related to what you are asking the judge to order. Be organized and clear Number each paragraph and list facts in chronological order in the order they happened or by topic.
Put one fact or piece of information in each paragraph. Use our fact sheet Checklist of information to include in an affidavit or present in court to help you organize your information.
Headings and subheadings can be helpful. Check over your affidavit for spelling mistakes or typos. If you have handwritten your affidavit, the judge must be able to read your writing.
Make sure the pages are numbered. Be precise Think about who, what, when, where, and how. Provide exact dates and dollar amounts wherever possible. If you can't be exact, make your best estimate. Be balanced The judge will be more likely to accept your evidence if it is balanced and fair. Avoid melodramatic or inflammatory language. Avoid words like "always," "never," or "all the time.
Don't guess about someone's state of mind. Be careful about making accusations about lying or stealing. Instead, describe the facts that led you to the conclusion that lying or stealing have happened. Format Each court has its own affidavit format. See our Court forms page to find links to blank forms. Provincial Court affidavits The format of these affidavits is already set out on the form. You just fill in the blanks for these sections: Then insert your content beside "What are the facts" using numbered paragraphs.
Supreme Court affidavits Here's what the parts of a Supreme Court affidavit look like. The top right-hand corner has information to help the court identify your affidavit.
You'll have to keep track of the number of affidavits you fill out in your family law case and number them accordingly. The date will be the date that you get the affidavit sworn or affirmed. Fill it in like this: Copy this information from the court document that started your family law case, which is usually the Notice of Family Claim Form F3 or F1.
Deponent's statement The person who writes the affidavit is called the deponent. The deponent's statement is the part that says: You need to put in your occupation to help identify you.
If necessary summarize your position and perhaps describe the order that you want the court to make. Affidavits drafted by me often look something like this: I am the Claimant in this matter and as such have personal knowledge of the facts hereinafter deposed to. In my application, by Notice of Application dated 15 JanuaryI seek an order that the Respondent be restrained from removing the children, Sally Ann Doe, born on 1 Januaryand John Fred Doe, born on 1 Januaryfrom Kelowna, British Columbia, and an order that the Respondent pay support to me for the benefit of the children.
In the Respondent's application, by Notice of Application dated 1 Januaryhe seeks an order that I pay spousal support to him. I oppose the Respondent's application because he works full-time and is self-sufficient. I am 32 years old and am presently employed as an accountant by the firm Smith Smith and Smith.
The Respondent and I met in the summer ofand moved in together on 1 January We lived together in a unmarried relationship until 1 Januarywhen the Respondent left our home. I am asking for an order that the Respondent and I share parental responsibility for the children, that the children live mostly with me and that the Respondent have parenting time with the children every other weekend and overnight every Wednesday.
I also seek an order that the Respondent pay child support to me for the benefit of the children. On 1 SeptemberMaster Smith made an order that the Respondent and I share parental responsibility for our children. Once I'm done introducing the basic background of the parties, I'll describe the events that led the applicant to be making the specific application before the court. Circumstances of application On 25 Decemberthe Respondent had Sally and John from noon until 7: We had agreed that he would return the children to my home at that time.
The Respondent did not return the children as we agreed. I phoned him to find out what was wrong at 8: He told me that he was keeping the children until 27 December because his family wanted to see them on Boxing Day. He also said that he and the children would be moving to Calgary, Alberta. The Respondent has family in Calgary. I am afraid that he intends to remove the children from Kelowna, where they have spent all of their lives and where they have family and friends.
If necessary, usually when an affidavit is particularly long or the facts are particularly complicated, I may summarize the orders I'm asking for and why I'm asking for them.
As a result of the Respondent's conduct I believe that the Respondent may decide to take the children to Calgary. I seek an order that the Respondent be restrained from removing our children from Kelowna without my express permission or the further order of this Honourable Court.
Remember to tell your story in the first person. It is you who is telling your story, and you are me, myself or I, not "the Claimant" or "the Respondent. If your affidavit is written for use at a trial, you cannot describe things you believe are true or have heard from someone else. You can only set out information that you have actual, personal knowledge of.
If you are writing your affidavit for the purposes of an interim application, however, you may include both things you believe to be true as well as hearsay. Hearsay Hearsay means saying anything you don't know yourself but have learned from someone else.
It also includes repeating someone else's statements in your own affidavit. It's hearsay, for example, to say "Sally told me that she went to the park at noon on Saturday.
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However double hearsay is not, nor is anonymous hearsay. Double hearsay is saying something like "Frida told me that Sally said she was in the park at noon on Saturday. Anonymous hearsay is saying what someone told you but without identifying the person who told you, like "Someone told me that Sally was in the park at noon on Saturday", or "I have been advised that Sally was in the park at noon on Saturday, but I cannot identify the person who told me that she was in the park".
Opinions The other thing that is generally not permitted in an affidavit is opinion evidence. Only people with special, recognized skills, like doctors or engineers or psychologists are allowed to write about their opinions in affidavits. Again, some opinion evidence is permitted in affidavits used for interim applications, however it is never permitted in affidavits prepared for trial. The easy way to spot opinion evidence is by sentences that start with "I think Expressions of emotion A lot of people want to put everything in their affidavits, including how they feel about things or how they reacted to something.
The court won't pay much attention to it, and you risk the court having a bad impression of you rather than of your ex. Good lawyers will carefully winnow out statements like "I was shocked and appalled that Bob would actually do such a thing.
The court does not care how something made you feel; the court is interested in facts. Overblown and hysterical statements will undermine the credibility the court is prepared to extend to you. Statements like "I was disgusted to see Sally in the park on Saturday," "I could see the anger in her eyes as she came at me" or "I couldn't believe what a rotten person Sally was" will not go over well in court.
Saying "Bob never helped with the children" is an invitation to the court to discount what you're saying. Just as over-the-top statements of emotion will undermine your credibility, so will using statements that are as absolute as "always" and "never. Exhibits can be almost anything: If something can be reduced to paper, it can be an exhibit.
When you attach an exhibit, you have to introduce it in your affidavit. You can't just attach reams of documents to the back. You have to explain what the document is in your affidavit and say that the document you are attaching is a "true copy" of the original. Each exhibit is identified sequentially by a letter, "A," "B," "C," and so forth.
How to Write an Affidavit: 10 Steps (with Pictures) - wikiHow
I have a lovely home on two acres of land. There are three bedrooms, a sauna, an outdoor swimming pool and a private petting zoo for when Michael comes over. Each separate exhibit is marked as an exhibit and shows which exhibit it is.
Lawyers and notaries public will have a stamp that they use to give the basic information.