Writing Affidavits 

Since the affidavit is used as evidence in court, there are strict rules on what you can write in your affidavit. Affidavits must provide information that is true and relevant.

• Truth: Everything within your affidavit must be true to the best of your knowledge. Lying in your affidavit will hurt your case. If you have a doubt about whether something is true, you probably should not include it in your affidavit.
• Relevance: Don’t include facts that aren’t related to the issues in your case. For example, if your application is for child support, don’t include the facts about your former spouse’s extramarital affairs.

Hearsay and Opinion Statements 

The general rule is that hearsay and opinion statements are not allowed in your affidavit. Hearsay is information you learned from someone else but you don’t have first-hand knowledge of it.

Formatting Affidavits 

The Affidavit can vary in length from one page to multiple pages. Keep your affidavit as short as possible. The facts are set out in paragraphs with each paragraph numbered on the left side. It is best to keep your paragraphs short. Limit one idea per paragraph. Spacing should be set at least 1.5 and a space should separate paragraphs. Never use a font smaller than 10 or larger than 12 for the main body of the text. A backing sheet should be the last page in your affidavit if you’re applying in the Supreme Court. 

Exhibits 

When you want to support a statement in your affidavit with a document, you can attach it as an exhibit. Anything that can be printed on paper can become an exhibit: income tax return, emails, receipts, photographs, prescription etc.

The judge will not automatically accept every exhibit; it will depend on the nature of the exhibit. Some exhibits may need more support to be admitted into evidence. You should avoid attaching expert reports to your affidavit. Instead, ask the experts to swear their own affidavits and attach the reports to their affidavits. 

Attaching an Exhibit

If you want to support a fact in your affidavit with an exhibit, you must refer to it in your affidavit. Each exhibit should be given a letter and referred to in alphabetical order. The first exhibit you refer to in the affidavit will be lettered ‘A,’ the second, ‘B,’ and so on. References to the exhibit should be typed in bold.

As of July 12, 2015, I have $30,000 in my TD bank account. Attached to this, my affidavit as Exhibit A, is a true copy of my TD bank 

Attach all your exhibits at the end of your affidavit. If your exhibit has multiple pages, number the pages. When you bring your affidavit to the commissioner to get it sworn, also bring the exhibits so they can stamp it.

Swearing the Affidavit 

 To “swear” means that you promise the information presented in the affidavit is true. Sign it in front of a commissioner who will also sign it. Lawyers and public notaries are commissioners. If you don’t know how to find a commissioner, try calling your local court registry for help.

Correcting a Mistake 

 If you would like to correct a minor mistake after you have signed and sworn your affidavit, you have to take your affidavit to a commissioner and do the following:

1. Correct each mistake in handwriting on the affidavit in front of the commissioner
2.  Initial each correction (the commissioner must also initial each correction)
3. Get the affidavit sworn and signed again.

Ideally, this commissioner is the same person who executed your original affidavit. This kind of correction should only happen for less important mistakes. If you change your mind about a key fact in your affidavit, you have to prepare and swear a new affidavit to explain what the change is and why you’re making the change.