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FREQUENTLY ASKED QUESTIONS
Why is there no form for an affidavit?
Unless you live in the judicial district of Saint John, there is currently no prescribed form for an affidavit.
If there is no form for an affidavit outside of the Judicial District of Saint John and I have to submit an affidavit, what do I put in it?
An affidavit is basically your opportunity to tell your story to the court. Ideally, they are written for you by a lawyer. However, if you are going to self-represent, here are some basic pointers.
- In most circumstances, it should be confined to facts within your personal knowledge. In the event you are permitted to insert a fact outside of your personal knowledge, you need to specify the source of your information and belief.
- Tell the court your name, age, address, and occupation. If child support or spousal support is at issue, tell them your gross annual income, the assets you possess and the debts you are paying.
- Give the court as much information about the opposing party as possible (i.e. name, age, address, occupation, gross income, etc).
- Don’t assume that the person reading the affidavit has all of the details of your court case. Write down all of the relevant facts.
- Leave out facts that are not relevant.
- Always tell the truth.
- Do not exaggerate.
- Proof read for spelling and grammar.
- Where possible, be brief.
- Relay the facts in some kind of coherent order (i.e. chronological order).
Which form should I be filling out?
That is legal advice. If you would like to book a consult to discuss what forms you need to fill out for your particular situation, please contact us for an appointment.
I want to self-represent but the forms are too confusing. Can I pay you to help me fill them out and then I can just represent myself?
Yes. Just contact us to schedule an appointment. To speed up the work and accuracy of advice, ask what documents you should bring with you.