Being part of a court case is rarely a pleasant experience, but if you’ve been asked to write an affidavit and want to present your side clearly to the judge, it’s essential to follow certain guidelines.
A good affidavit should contain everything a judge needs to make an informed decision about the case. Consulting with notary services in Edmonton can help ensure that you include all the relevant facts.
To help you prepare an affidavit, here is a brief guide:
Be honest.
Telling the absolute truth is imperative, because if a judge suspects that what you have written isn’t truthful or is misleading, they simply won’t accept it as evidence.
Be factual.
Write down only what you saw, heard, did, or said. While you can mention information that’s second-hand, you must be able to verify it. This includes mentioning the names of others whom you heard say something relevant to the case and when you heard them say what they did, as well as those who may have spoken directly to you, their names, and when they spoke to you.
If children are involved, most courts will allow what they said, or what you overheard them say, to be written down so that they don’t have to be called as a witness.
Affidavit-writing tips
Here are a few tips to help you prove your case with a clearly written and truthful affidavit:
1. Be calm and reasonable
Avoid the use of opinions even when based on facts; keep everything fair and non-judgmental. If you had a particularly emotional reaction to something that happened, while this is fine, you should avoid writing about it in a way that’s disrespectful or derogatory.
2. Avoid arguing
State the facts and let others in the case present theirs.
3. Don’t make assumptions.
Assumptions about anyone or anything are never wise to make when writing an affidavit, as they aren’t based on facts.
4. Don’t make accusations.
As soon as you start accusing others of having lied to you or stolen from you without direct evidence, the case becomes less reliable and more biased.
5. Get your facts right
Where possible, give dates and amounts that are as accurate as they can possibly be, and include such details as who, what, where, when, and how.
How to make your affidavit organized and tidy
While a notary can guide you with this, it can be helpful to have a better understanding of how to present your affidavit:
- Use headings and subheadings to categorize information that’s related.
- Ensure that each fact or detail has its own paragraph.
- Number every page
- Check for errors
- Ensure that it’s legible.
- Keep it below 25 pages
- Only include relevant information.
Note that the page limit doesn’t include exhibits and financial statements.
Swearing the affidavit
Paying a lawyer or notary in Edmonton is the best way to have your affidavit sworn or affirmed, since they can also review it and give you feedback at the same time.
All court processes can be daunting, and affidavits are no less so. But by consulting with a notary before and after writing your affidavit, you can give yourself the best chance of success and of proving your innocence or another person’s guilt.
