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Swearing an Affidavit

Everyone has probably seen a TV show from Perry Mason to Boston Legal or Bull, and heard the witness on the stand say “I swear to tell the truth.” That’s the essence of an affidavit. An affidavit is a written statement that you, as the person making the affidavit (known as the affiant), swear is true in a court of law. They are used for many things, but primarily in court cases to provide trustworthy information without the need for witnesses to be present. These documents also carry weight because they are made under oath in front of someone who is legally able to administer an oath, such as a notary public or certain court and government officials.

Swearing an affidavit is not difficult, but it is important to do so correctly. If you are unsure of what to do or how to do it, you should get help from a solicitor or barrister who is authorised to take oaths or affirmations. They will explain the process in detail to you and provide any forms that need to be completed. They will also prepare your affidavit for you after they have obtained all the necessary information from you. You will need to pay a fee for their services. You will also be required to pay a fee for lodging the affidavit with the relevant court office. These fees will be explained to you when you are sworn.

The first section of your affidavit NE Calgary registry will contain a heading and paragraph numbering. You will then state the affidavit’s purpose and subject matter, followed by a statement of fact. The affidavit should be clearly written and easy to understand. Avoid legal jargon and include only facts, not opinions or speculation. It is a good idea to break the affidavit into separate paragraphs, each relating to a different topic or subject matter.

Once you have prepared your affidavit, you will need to have it sworn or affirmed by the Commissioner for Oaths. This can be done in person or by video-conference, and you will need to provide proof of identity such as a passport or driving licence. You will then need to read aloud, from a card, your affirmation/declaration. If you are not confident in your ability to do this, you can request an interpreter who will undertake a special oath that they will translate the words into your own language accurately and in accordance with the law. This can be undertaken by the Commissioner for Oaths or a practising solicitor.