The Judicial Officer may not have time to hear more evidence in Court. The affidavit must contain all of the evidence you are relying on. If the affidavit is accompanying an application, it is important that your affidavit supports the orders you are asking the Court to make. Therefore, you should include all the facts that are relevant in your case. You can use the affidavit template below to help format your affidavit.Īn affidavit is a statement of facts. You can divide an affidavit into sections under separate hearings, for example, the heading might be ‘Arrangements for the children after separation’ or ‘Property accrued during the marriage’.Handwritten affidavits will be accepted only in circumstances of urgency, usually involving some immediate threat of harm to a child. It is suggested that each paragraph contain no more than about 6 lines. Each paragraph must deal with only one aspect of the subject matter. The affidavit must be divided into paragraphs.There are some general rules about how you should write the affidavit: You can get legal advice from a:Ĭourt staff can help you with questions about court forms and the court process, but cannot give you legal advice. If you need help preparing your affidavit, you should seek legal advice. Can I prepare my own affidavit?Īlthough you can prepare your own affidavit, it is often not easy. The Court may make procedural orders giving you permission to file an affidavit. You need to file an affidavit with an application, response or when directed by the Court. how to have the affidavit witnessed, andĪny affidavit you file must be served on all parties, including the independent children’s lawyer (if appointed).It is the main way you present evidence (the facts of the case) to a court. An affidavit is a written statement prepared by a party or witness.
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