Who Can take an affidavit?
How do i give an affidavit?
How do you get an affidavit?
what is an affidavit?
Chances are, you have heard the word affidavit (pronounced aff-ah-David) before on a TV show or movie, but most people have no clue what it actually is. If you’re curious to learn or if you need an affidavit to be prepared, you’ve come to the right place.
What is an affidavit?
An affidavit is a legal statement containing a written set of facts, where an affiant or deponent (the person making the statement and attesting to the affidavit’s truth) voluntarily swears or affirms that the statement is true. Affidavits are formal legal documents and the set of facts in the statement is your personal knowledge about the particular circumstance or event that you are providing an affidavit for. You can include your personal opinion or belief, but beliefs or opinions must be clearly identified in the affidavit.
Lawyer to human translation
You’ve probably seen characters on different TV shows or movies testify as a witness in court. Before the witness starts, they usually put a hand on a Bible and swear the testimony will be “the truth, the whole truth, and nothing but the truth.” If a witness lies in court after swearing to tell the truth, it is called perjury and it is a criminal offence. In Canada, perjury is a pretty serious crime because the Crown Attorney has to proceed by way of indictment (the Canadian word for felony) and the maximum sentence is 14 years in prison. So, if you swear under oath to tell the truth, we really want you to be truthful.
An affidavit is very similar to testifying in court, except you prepare a document and can review it in detail before you swear and sign it instead of answering questions on the spot in court. You normally prepare the document with a lawyer and you have the chance to make any necessary edits or changes so the information is 100% accurate. Then, you either swear on a Bible or you can solemnly affirm the information in the affidavit is truthful. If you lie in an affidavit, it is just like lying in court and you can be charged with perjury. Information in the affidavit has to be facts that you know about because you saw it, or said it, or heard it. If you include information that isn’t first-hand knowledge, you have to make it clear in the affidavit that it is not first-hand information.
Why would I need an affidavit?
Because an affidavit is sworn or affirmed to be true, it is used to provide evidence (or proof of something). Here are some common circumstances where an affidavit may be needed:
To make a statement to be filed in court
To confirm you did not have possession of stolen property or illegal drugs
To state that you received legal documents
To verify your residency
To confirm a name change in the event of marriage or divorce
To claim property
To verify identity
To verify a death
How do I give an affidavit?
After drafting the statement of facts, the affiant must swear or solemnly affirm that the contents of the affidavit are made truthfully and accurately. The document is then signed by the person making the affidavit as well as the person administering it (usually a lawyer). The affidavit must be taken in the administrator’s presence, and he or she must be satisfied that the affiant’s signature is genuine. Signing an affidavit that has false or misleading information can result in criminal penalties. That is why it is important to carefully review the statement to ensure that it is truthful.
Who can take an affidavit for me?
An affidavit can only be administered before certain people set out by provincial laws. Affidavits can be taken by a licenced lawyer in the Province of Manitoba or by a Commissionaire of Oaths. A lawyer could provide you legal advice as the two of you prepare the affidavit whereas a Commissionaire of Oaths can only act as an administrator. Depending on the situation, it may be better to have a lawyer act as the administrator.
Michael Dyck is a lawyer licensed to practice in Manitoba, so he can help you take an affidavit at his head office in Winnipeg or his satellite office in Steinbach, Manitoba. Please click here to connect with Michael Dyck today.
Rees Dyck Rogala Law Offices are open during the coronavirus / COVID-19 pandemic. We are taking precautions to limit the spread of the virus. We are conducting interviews and meetings by phone or video conference and ensuring enhanced cleaning and social distancing policies if clients must attend our office in person.
About the author
Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.