Civil Law

Affidavit

Affidavit

Affidavit Basics
Last Reviewed: March 2023

Reviewed by: JES

Affidavit Basics
An affidavit is a form of evidence. It is a written statement of facts. The person
making the affidavit promises that the facts are true by taking an “oath” or “solemn
affirmation”. The oath or solemn affirmation is done in front of a “commissioner of
affidavits” (usually a lawyer, notary public, or registry officer). Affidavits often have
“exhibits” attached. Exhibits are documents that relate to the subject of the
affidavit.In the BC Supreme Court, there is a form you must fill out for your
affidavit. It is called Form109. Affidavits are filed in the Court registry, and copies
are given to other parties to a lawsuit.

Key Terms
The person who makes the statement in the affidavit is called the
“affiant” or the “deponent”.

The absolute most important thing about making an affidavit is to be truthful. It is

illegal to lie in an affidavit. It can be a form of perjury. Further, if you rely on a false
or misleading affidavit, and this is discovered, this could seriously hurt your
chances of success in court.

Form109 Affidavit

Page 1
March 2023
 Civil Law
Affidavit

DIY Tools
See Resource C: Sample Affidavit.

Swear or Affirm?

You will need to either “swear” or “affirm” your affidavit. To “swear” an affidavit
means to take an oath on a religious text (for example the Bible, the Koran). To
“affirm” an affidavit means you make a solemn promise that what you say is true.
There is no difference in how the Court will look at your evidence if you choose to
swear or affirm. Both are equal.
It does not matter whether you prefer to swear or affirm. However, you must
choose one or the other. You cannot do both. If you are using a form that says
something like Swear or Affirm, you need to pick one and cross out the other.

Legal Advice

Creating an affidavit can be tricky. Doing a bad job may harm your chance of
success. It is therefore a good idea to get legal help with your affidavit if you can.
You may get help with your affidavit even if you are not going to use a lawyer for
the rest of your case.
See Get Help.

Preparing an Affidavit
An affidavit has seven parts. Most parts of the affidavit are technical. We will look at
each of them in turn.

1. Style of proceeding
2. Deponent’s statement (“deponent’ is the person making the affidavit, and is
also called the “affiant”)
3. Knowledge statement
4. Body of the affidavit (this is the most important part of the affidavit)
5. Ending of the affidavit

Page 2
March 2023
 Civil Law
Affidavit

6. Exhibits
7. Backing sheet

1. Style of Proceeding

A style of proceeding (also referred to as a style of cause) appears on the first page
of all court documents. It states who is suing whom and also gives the file number
and court registry name.The style of proceeding remains unchanged throughout
the life of the court case unless the judge orders otherwise.The style of proceeding
enables the court registry staff to put the document in the right court file.
For example, a style of proceeding might look like:

Start your affidavit with the style of proceeding. You can copy this off of other
documents filed in the lawsuit if any exist. For affidavits you must add the following
to the style of proceeding.
In the top right hand corner, above the court file, you must write:

• The number of the affidavit (you may have made more than one)
• The name of the person making the statement (your name if it is your
affidavit)
• The date on which the affidavit was made

Example: This is the 3rd affidavit of Mary Smith and was made on February 11,
2020.

2. Deponent’s Statement

Key Terms
A deponent is the person who is making the affidavit.

The deponent has to identify themselves as the person who is making the
statements in the affidavit. This deponent’s statement has to be put at the
beginning of each affidavit. It identifies who you are and what your occupation is.

Page 3
March 2023
 Civil Law
Affidavit

For example:

• If you are retired, you would put in “retired” or “old age pensioner”
• If you are unemployed, you can simply write “unemployed”

As noted above, the deponent must choose whether you are going to swear or
affirm the affidavit. If the deponent will swear, include that the deponent will “MAKE
OATH AND SAY”. If the deponent will affirm, include that the deponent will
“SOLEMNLY AFFIRM THAT”.
For example (Sworn Affidavit):

• I, MARY SMITH, of 132 Main Street, in the City of Vancouver, Province of

British Columbia, electrician, MAKE OATH AND SAY THAT:

For example ((Solemnly Affirmed Affidavit):

• I, MARY SMITH, of 132 Main Street, in the City of Vancouver, Province of

British Columbia, electrician, SOLEMNLY AFFIRM THAT:

3. Knowledge Statement

A knowledge statement will be the first paragraph of your affidavit. The knowledge
statement explains to the Court who you are and how you know what is set out in
the rest of the affidavit.
It looks like:

1. I am the [for example plaintiff, defendant, wife of the plaintiff, etc.] in the
matter and as such have personal knowledge of the matters herein referred
to:

Or

2. I am the [for example plaintiff, defendant, wife of the plaintiff, etc.] in the
matter and as such have personal knowledge of the matters herein referred
to, except where indicated to be on information and belief, and where so
stated I verily believe them to be true

Page 4
March 2023
 Civil Law
Affidavit

Which of the two knowledge statements you should use depends on what is in your
affidavit.
If your affidavit contains just things you (or the deponent) know to be true from
experience, use the first knowledge statement. That is, use the statement “…have
personal knowledge of the matters herein referred to”.
If your affidavit contains things that you (or the deponent) were told to be true by
someone else, use the second knowledge statement. That is, use the statement “…
have personal knowledge of the matters herein referred to, except where indicated
to be on information and belief, and where so stated I verily believe them to be
true.”
If you can avoid using information you heard from someone else, you should do
that. This kind of evidence is called “hearsay”. Hearsay evidence is less reliable, for
the simple reason that the Court cannot be certain that the person you heard from
was telling the truth. Sometimes you are not allowed to use hearsay. For example, if
the order you are seeking is “final”, like a summary judgment order, you cannot use
hearsay.
This is a tricky part of affidavits, and obtaining legal advice on whether or not you
can use hearsay may be valuable. See Get Help.

4. Body of the Affidavit

This is the most important part. Here is where the actual evidence is set out for the
Court. Most simply, your job is to tell the story. Stick to things of which you
personally know to be true as much as possible. If it is necessary to include
something someone else told you, make clear who told you the information, and
say whether you believe it to be true.
You can write for example:
I was advised by my husband, Steve Smith, that the letter was delivered on
February 11, 2020, and I believe that to be true.
Write affidavits thinking of making them as helpful as possible for the judge who is
going to read them. The judge may not know much about your case. However, they
are very intelligent and capable people. They want you to get to the point and stick
to the facts. Above all, they want to know they can trust you. Do not lie. Do not
exaggerate. It will only hurt your case.

Page 5
March 2023
 Civil Law
Affidavit

5. Ending of the Affidavit

You must swear your affidavit in front of a lawyer or a commissioner for taking
affidavits. A court official such as a registry clerk is a commissioner for taking
affidavits. (Registry staff will perform this service for a fee of around $40.)You both
sign the affidavit in each other’s presence at the time you swear the affidavit
(promise you are telling the truth). It is a serious offence to make a false or
misleading affidavit.
The lawyer or court official must also print his/her name below his/her signature.
Check to see if a lawyer or court official has printed the name. Ink stamps bearing
the name of the lawyer or court official are acceptable.

6. Exhibits

You may attach letters or other important documents you want the judge to
consider. These are exhibits to the affidavit. Here is an example of what you can say
in the body of the affidavit:

DYI Tools
Sample Affidavit for Fee Waiver, BC Judicial review Help Guide. Note:
this sample may contain information not relevant to your situation.

7. Backing Sheet
A backing sheet is part of an affidavit. This document is attached to the back of all
court documents with the type facing out. A backing sheet helps the court staff to
file the document in the correct court file. A backing sheet is not a necessity.
Registry staff will let you file your affidavit without a backing sheet. However, a
backing sheet is considered more professional.
The backing sheet consists of three parts on one page:
1. Style of proceedings (see above)
2. Description of the document set between two lines. For an affidavit it would
say “Affidavit of John Smith”

Page 6
March 2023
 Civil Law
Affidavit

3. In the third part you put in your name, address and phone number. Also put
in your fax number and e-mail address, if you have these

Writing Tips
One way to write an effective affidavit is to follow the “S.O.S.” principle. That is, keep
your affidavit Simple, Organized, and Short.

1. Simple: Try to make your affidavit as simple as possible. Use simple words
and sentences. A simple affidavit is easier for you to prepare and to present
to the Court. Use ordinary language
2. Organized: If your affidavit is organized, it is easier for the judge to
understand what is going on. Judges like to see facts, not broad general
statements. Here are some tips for being organized:

• In most cases it is best to tell what happened in chronological order (date

wise). Do not jump all over the place from one time period to another. Tell
your story in a straight line
• Try as much as possible to give specific dates (e.g. July 13, 2010, or, the
middle of July, 2010)
• When you refer to people it is best to use their names, such as John Smith.
Try to avoid using pronouns. It can get confusing
• Each page and paragraph should be numbered
• Consider putting headings in the affidavit to make it easier to organize

3. Short: Keep your affidavit short. It is more effective. First, decide what is
necessary to put in your affidavit. Don’t fall into the trap that more means
better. Keep paragraphs and sentences short. A paragraph should be no
more than 2 or 3 sentences. If your sentences are long, break them into
shorter sentences

Avoid Vague or Overbroad Statements

Affidavits should avoid vague statements. The following is an example of a vague
statement:

Page 7
March 2023
 Civil Law
Affidavit

I met the defendant contractor John Smith on several occasions. I walked away
from these meetings with the impression that he would not charge me for the extra
paint put on the porch.
A better statement to put into the affidavit would be:
I had a meeting with the defendant contractor John Smith on April 3, 2010 at my
home in the late afternoon. He specifically stated to me “I will not charge you for
the extra paint on the porch.” I relied on this statement that he would not charge
me for this extra paint.
Avoid overbroad or absolute statements like “always” or “never”. Absolute
statements of frequency are rarely true and can undermine your credibility. For
example saying “Joe never came to work on time. He was always late.” Isn’t as
credible as “Joe was frequently late for work.” Even better if you can list all the days
Joe was late for work or have a record of Joe’s lateness you can attach as an exhibit.

Relying on

You have to indicate the specific person you are relying on for the information and
belief. You also have to add a statement to the effect that you believe it to be true.
For example, you would probably have to say something like:
On or about August 30, 2009 John Smith (her husband) told me that Mary Smith
had not gone to work the day before and I believe this to be true.

Check for Consistency

Check to make sure your affidavit is consistent throughout. Make sure it does not
say one thing in one place, and something that contradicts it in another place. Also
check the affidavit for consistency with your other documents, including any other
affidavits you have made.

Read It Over

Have a friend check your affidavit to make sure there are no typing errors and the
language is clear. Then revisit the checklist to make sure everything has been
completed.

Page 8
March 2023
 Civil Law
Affidavit

What Is a Judge Looking for in an Affidavit?

People who are representing themselves often ask: What do judges look for in an
affidavit? Judges assess credibility of an affidavit based on the following factors:

• Are there internal inconsistencies in the affidavit?

• Are statements made in the affidavit inconsistent with other statements
made in other affidavits or documents outside the affidavit?
• Is the statement inherently unbelievable?
• Is there a statement of conclusion with no details to back up the statement?
Remember, judges like to see facts, not broad general statements
• Are there statements in the affidavit that are evasive? In other words, does
the person making the affidavit attempt to avoid an issue or statement?
• Does the person use language that one would not expect a normal person to
use? Judges prefer people to use their ordinary language
• Is the second-best evidence used instead of the first source? Even if you are
allowed to make an affidavit on information and belief, it may be in your
interest to get the person who had the original information to swear an
affidavit. This is more effective than relying on hearsay (information and
belief)
• Is there a lack of precision in the affidavit? Does the person making the
affidavit use imprecise dates or imprecise information?
• Are there mistakes that indicate the person making the affidavit has not read
it? This would include typing and grammatical errors
• Are important facts left out? If important facts are left out, this may indicate
the person making the affidavit is hiding something

DIY Tools
Look at Resource B, Checklist. Use this checklist to make sure you
have completed all the steps and done everything right.

Page 9
March 2023