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Affidavit

What is an Affidavit?

An affidavit is a written statement that is sworn or affirmed to be true before a person authorized to administer an oath or affirmation. It is a legally binding document that can be used as evidence in court. An affidavit typically includes facts or information that are relevant to a legal matter and may be used to support or oppose a motion, to provide evidence, or to establish a fact.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Why do you need an Affidavit?

An affidavit is used as a form of evidence in legal proceedings to support or oppose a motion, establish a fact, or provide information. It can be used in a variety of legal contexts, including civil cases, criminal cases, immigration, and probate cases.

Some examples of situations where an affidavit may be used include:

  • To provide evidence in support of a motion for summary judgment.

  • To prove that a person has a legal right to something, such as property.

  • To establish that a person has a legal interest in something, such as a contract or a will.

  • To provide evidence that a person has a legal standing to bring a claim or to defend against a claim.

  • To establish a person's identity or residency.

  • To verify that a document is authentic or to establish its contents.

  • To provide evidence in support of a motion to dismiss a case or to grant a new trial.

It is important to note that an Affidavit should be used only when the person who is making the statement has personal knowledge of the facts and that the information provided in an Affidavit is true to the best of their knowledge.

Affidavit

 Commonly used Affidavits

In Canada, there are several types of affidavits that may be used depending on the specific legal context and the information being provided. Some examples of types of affidavits that may be used in Canada include:

  • Affidavit of Service: This type of affidavit is used to prove that legal documents have been served to the intended recipient. It includes information such as the date, time, and method of service, as well as the name of the person who served the documents.

  • Affidavit of Execution: This type of affidavit is used to prove that a document, such as a contract, has been executed (signed) by the parties involved. It includes information such as the date of execution, the names of the parties who executed the document, and the capacity in which they executed it.

  • Affidavit of Identity: This type of affidavit is used to establish the identity of a person. It includes information such as the person's full name, date of birth, address, and a description of their identification documents.

  • Affidavit of Loss: This type of affidavit is used to establish that a document, such as a will or a deed, has been lost and cannot be found. It includes information such as the date the document was last seen, the efforts made to locate it, and the reason why it cannot be found.

  • Affidavit of Support: This type of affidavit is used to provide financial support to a person, such as a spouse, a child, or a friend. It includes information such as the person's income, assets, and debts, as well as a statement of their willingness to provide financial support.

  • Affidavit of Fact: This type of affidavit is used to provide factual information in a legal proceeding, such as information about a person's actions, events or circumstances. It includes information that is relevant to the case and is supported by personal knowledge of the person making the statement.

These are few examples of the types of Affidavits that may be used in Canada, it is important to note that some types of Affidavits may vary from province to province, and it is best to check with the specific jurisdiction for their specific requirements.

If you need help to prepare affidavit, ND Paralegal will help you to prepare affidavit.Please contact Naba to discuss about your legal needs.

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