An affidavit is made up of a series of short, numbered statements. Each statement should follow on logically from the one before. Each statement should set out a fact relevant to the case.It is important to know the difference between a fact and an opinion as you can only use facts that are known to you, not what you think about something.
For example, you can give evidence about something if you saw it happen, but not if you just think something happened. This includes not putting in information told to you by someone else.
If you need to use another person’s evidence, you should put this in an affidavit for them to swear or affirm.The statement must be true
If you make a statement in an affidavit that you know is not true, you commit perjury. Perjury is a criminal offence. If you make an untrue statement, either knowing it is not true, or without properly checking if it is true, you damage your credibility before the court. Credibility means your reputation for telling the truth and being trustworthy. Being considered not credible is bad for your case and can destroy your case in some instances.You must also be ordered to pay some or all of the other party’s costs if you knowingly make a false statement or allegation during a court case.
Your statement must be relevant to the issues in dispute
Keep your affidavit short and to the point. The affidavit should be about the issues in your case. If it is not, you risk annoying the judge or federal magistrate. This may affect your credibility overall. You can be ordered to pay costs if the other party h as to challenge irrelevant or offensive statements in your affidavit.
On the other hand, do not keep out relevant information – you may not get the opportunity to add it in later, and it may be important to your case. Also, leaving something out may damage your credibility if it affects the accuracy of your affidavit.
This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family lawyer.
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