An affidavit is a written statement that you swear or affirm to be true in front of a lawyer, notary public, or commissioner for taking affidavits. The person signing the affidavit, called the affiant, must show valid government-issued photo ID. This document serves as legally binding evidence in court and typically contains facts relevant to a legal issue. Affidavits support court arguments and can be used in family law cases, probate matters, landlord-tenant disputes, and other civil cases.
Types of Affidavits
In Ontario, different types of affidavits serve specific purposes:
- Affidavit of Service: Proves that a legal document or notice was delivered, usually signed by the person who delivered it.
- Affidavit of Capacity: Proves that a person understands a document and can enter into a legal agreement, usually signed by a legal representative.
- Affidavit of Execution: Confirms that a document was signed, usually by the witness to the signing.
- Affidavit of Identity: Confirms a person’s identity, often signed by someone who knows the person.
- Affidavit of Support: States that someone will provide financial support to –another person, usually signed by a family member or supporter.
Requirements for a Valid Affidavit
For an affidavit to be valid, it must:
- Be written and signed by the affiant.
- Be sworn or affirmed before an authorized witness, such as a commissioner of oaths, lawyer, or notary public.
- Contain only facts, not opinions, supported by evidence like names, dates, and documents.
- Be legible, dated, and include the affiant’s name and address, along with the name, date, and signature of the person administering the oath.
Swearing or Affirming an Affidavit
The affiant must take an oath or make a solemn declaration before an authorized person, usually a Commissioner for Taking Affidavits. The process involves signing the document and having the commissioner administer the oath or affirmation. The affidavit is complete once signed and sealed by the commissioner.
Common Mistakes in Affidavit Preparation
Avoid these common mistakes:
- Using ambiguous language: Use clear and precise language, with facts supported by evidence.
- Improper signing and dating: Include all necessary signatures, dates, and witness verification.
- Incorrect identification of parties: Accurately identify all parties involved to avoid delays and complications.
- Dishonesty and inaccuracy: Always provide truthful and accurate information to avoid legal consequences.
The Importance of Truthfulness in Affidavits
Perjury, or providing false evidence under oath, is a serious crime in Ontario, punishable by up to 14 years in prison under the Criminal Code of Canada. False statements can lead to criminal charges and civil liability for damages caused by the misinformation. Always ensure affidavits are accurate and truthful.
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