Are you worried about swearing an affidavit in BC? In legal terms, an affidavit is a written document containing testimony and facts relating to cases such as guardianship or divorce in either Provincial or Supreme Court.
The person who writes it is under oath, so it must contain the whole truth and nothing but the truth. The affidavit can act as evidence when one is building their legal case. There are regulations regarding how an affidavit is written, the content, and how it’s sworn in or made official. This guide on affidavits covers how to write an affidavit, swear it in, and present it as evidence in court.
Properly Writing an Affidavit
Affidavit application forms for British Columbia are available on the Providence government website. The primary component of an affidavit is a list or account of facts known to be true from the person or information relayed from another person. It’s recommended by the British Columbia government that four copies are printed. Personal and case information will naturally have to be included.
An affidavit can also have exhibits of evidence attached to them in court. The specific kind of evidence must be made clear in the application. If it’s a case of divorce or guardianship, a checklist of child/spouse support, guardianship arrangements, and contact information should be included in the affidavit.
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Swearing And Affirming an Affidavit
The written affidavit application should then be taken to a commissioner in British Columbia. Lawyers, notaries, and government registry staff can act as commissioners. There may be some fines associated with doing so, but registry staff will typically not charge one. This would be the part where the person who filed it would swear and affirm the information to be true.
It’s only the commissioner’s job to make the affidavit official, not to assist you in completing it. With COVID-19, affidavits for the Supreme Court can be sworn by video chat or conference calls, while Provincial Court affidavits don’t need to be sworn before the court date. The judge will have you affirm it in the courtroom.
The only thing that remains is serving the other parties at least a week before the court date. This can be done by mail, e-mail, fax, or leaving it with their lawyer or legal representative. An individual older than 19-years-old can also be entrusted with serving the other party the affidavit.
At the court date, you will be required to provide proof of serving, which is a form that comes with an affidavit from the British Columbia government website. If the affidavit was served electronically, then an affidavit of service form must be completed. This requires the signature of the other party. Similarly, if another person served the affidavit, an affidavit of personal service form must be completed.
Proof of service can either be filed ahead of time or brought to the court date. Lastly, there’s just the question of fees. Supreme Court affidavits are typically subject to a small fee, while Provincial Courts are not. Learn more here about electronic government documents.