An affidavit is a written statement of facts in a specific form that you swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. or affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. to be true. It is evidence in court. The court treats it the same way as if you were giving oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence..
Affidavits communicate the facts of a situation to the court when you or the other person are asking for a court order.
Need to know
- Affidavits are written court documents containing only facts, not opinions or information from other people.
- You must swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. or affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. before a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. that the information in the affidavit is true.
- There are three types of affidavits: affidavits to support an applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues., affidavits of service and affidavits of records.
- It is a criminal offence to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. an untrue affidavit.
- Courts have rules for affidavits, including about formatting and the number of pages.
Get started
Learn the basics about family courts and laws in Alberta before you write an affidavit.
Then, there are a few other things you should know about affidavits to get started.
Difference between Affidavits, Statements and Reply Statements
If you are dealing with issues under the Family Law Act, you will attach different Statements to your Claim – Family Law Act or Reply Statements to your Response – Family Law Act.
Statements and Reply Statements are similar to affidavits. You must meet with a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. the information you included is true.
However, Statements and Reply Statements are easier to prepare than affidavits. They are specific forms that ask you to fill in the blanks or check boxes to make sure you include all the necessary information for the issue you are dealing with.
Find the right Statements or Reply Statements for your situation on the Get or respond to a court order page.
Know the parts of an affidavit
All affidavits have two parts:
- The body includes the details of the situation and identifies the evidence, known as exhibits, to support your position.
- The exhibits are documents you attach to the back of the affidavit that prove what you said in the body is true.
Types of affidavits
Affidavit to support an application
This affidavit accompanies your request for a court order or your response to someone else’s request for a court order. They are used in the Court of King’s Bench to deal with issues under the Divorce Act, the Family Property Act or general property principles.
For example, if you are asking the court to make a parenting order, you must write an affidavit to communicate to the court who the children are, where they live, who they spend time with, where they go to school and so on.
Keep reading to learn how to write an affidavit to support a court applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues..
Affidavit of service
This affidavit proves to the court that you served court documents on someone.
For example, if you are applying to court for an order to divide your property, you must serve the court forms on the other person. Once you do so, complete and file an affidavit of service. This lets the court know who you served, and how and when you served them.
Learn more about affidavits of service on the Serve court documents page.
Affidavit of records
This affidavit is a list of all the documents you are using as evidence to prove your claim. Attach copies of the documents as exhibits to your affidavit of records. This affidavit is only used for cases in the Court of King’s Bench.
For example, if you cannot resolve the dispute outside of court and are going to Special ChambersSpecial Chambers Courtrooms that are open to the public where the people in a case have more than 20 minutes to talk to the justice. Special Chambers is not the same as a trial because the justice can grant an interim order to move the case along, not make a final decision. or trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved., you must prepare an affidavit of records that includes all the evidence you want to rely on in court.
Keep reading to learn how to write an affidavit of records.
Myth busters
Some people believe they can tell the judge their story when they appear in court.
This is not true. If you are at a court hearing that is not a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved., you must give your evidence in an affidavit. You usually cannot give oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence..
Write an affidavit to support an application
Before you get started, review the process you are using on the Get or respond to a court order page. Look for the link to the affidavit for your situation.
Download CPLEA’s sample affidavit (PDF) to get an idea of how to write one.
Format it correctly
Follow these court rules:
- Use your full legal name
- Write the affidavit in the first person, as if you were speaking. For example, “I have two children with the respondentrespondent The person who responds to the applicant’s request for an order..”
- Organize the affidavit into numbered paragraphs. Each paragraph should be short – only a few sentences.
- Introduce exhibits in the body of your affidavit with a brief description and assign a letter to each. For example, “Attached as exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making. A is a copy of the text messages between myself and the respondentrespondent The person who responds to the applicant’s request for an order. on January 1, 2023.”
- Use size 12 Times New Roman font with 1.5 line spacing
- Print on only one side of letter size pieces of 8.5”x11” paper with one-inch margins
- Make sure your affidavit meets the page limit, which you can find in the Court of King’s Bench Family Law Practice Note 2 (see pages 5 to 6)
Hot tip
Complete the affidavit on a computer. If you do not have a computer at home, a family member or friend, library or community centre may have one you can use.
Stick to the facts
When you are asking the court for an order, the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. needs to know what is happening so they can make an appropriate order. An affidavit tells the court your story.
Your affidavit can only include facts. It cannot include evidence from someone else, known as hearsayhearsay Something someone else told you., nor opinions. Your facts must be relevant and material to the issues you’ve noted in your applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues. for a court order. Material means the evidence is logically connected to a fact that you need to prove in your case. Your evidence should help the court make a decision about the issues in the applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues..
If your evidence is irrelevant, the court can ignore it. Including inflammatory, prejudicial, useless or unrelated information in your affidavit will not help you convince the court to do what you are asking.
Write your affidavit
At the beginning of your affidavit, include background information. At the end of your affidavit, state what you are asking the court to do, that is, what kind of an order you want the court to make. This is known as the remedy requested.
What you write in between these two sections depends on the type of court applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues. you are making, such as child support, spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. or parenting.
Below are ideas for information to include in your affidavit.
- Age and birthdates of you and the other person
- When and where you and the other person began living together or got married, or both
- Where you lived as a couple
- Names and birthdates of children
- Date of separation
- Current living situation of you and the other person
- Education and current job for you and the other person
- Any other court orders that relate to the court applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues.
- Any voluntary child support payments made by you or the other parent
- Your children’s names, birthdates, schools and daycares, activities, medical issues or special needs
- Special expenses for the children, such as for activities or medical issues
- You and the other parent’s health care benefits for the children through work or personally
- Living arrangements for the children
- Financial information for you and the other parent
- Any incorrect or missing financial information for the other parent
- Roles and contributions of you and the other person during the relationship
- Differences in standard of living between you and the other person, if any
- Your education and work history, including any periods you did not work and why
- Household budget, including any shortfalls
- Reasons why you cannot support yourself
- Steps you need to take to be able to support yourself
- Education and work history for the other person
- Your children’s names, birthdates, schools and daycares, activities, medical issues or special needs
- Roles and contributions of you and the other parent to the household, such as who was the primary caregiver, how you shared caregiving responsibilities and who did household chores
- Each child’s bond with their parents, including whether the child is more closely bonded with one parent and what makes you think this
- Steps taken, if any, to minimize the effects of the separation on the children
- Time the children have spent with both parents since the separation
- Things that affect you or the other parent’s ability to spend time with the children, such as work or where you live
- Special occasions you want to spend with the children
Review and edit
Once you write a first draft of your affidavit, review and edit it. Remember, a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. will read it, so you want it to be easy to read. It is a good idea to have someone else review it for you. If they have questions, the court likely will too.
Prepare for signing and filing
Print off at least three copies of your affidavit, including all exhibits: one for you, one for the court and one for the other person.
Staple or bind everything together. This is not a rule but it will make the court a lot happier.
Do not sign the affidavit until you meet with the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province..
Meet with a Commissioner for Oaths or Notary Public
You must swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. or affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. that the contents of your affidavit are true before a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province.. The Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. must also mark and sign each exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making..
Who you meet with depends on where you are and where the court is that you are filing your affidavit in.
- If you are in the same province as the court you are filing the affidavit in, meet with a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta..
- If you are in a different province from the court you are filing the affidavit in, meet with a Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province..
Most court clerks at courthouses are Commissioners for Oaths. You can also find one by searching online, though they may charge you a fee for their services.
You cannot change your affidavit or any of the exhibits after the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. signs it.
File your affidavit with the court
Take your affidavit to the right courthouse to file it. For more instructions, review the process you are using on the Get or respond to a court order page.
Write an affidavit of records
This affidavit is used only for cases in the Court of King’s Bench. It is a list of all the documents you are using as evidence to prove your claim. Copies of the documents are attached as exhibits.
If you’ve received the other person’s affidavit of records
If the other person has already filed and served their affidavit of records on you, you must file and serve yours on them within three months. The clock starts from the date you received their affidavit of records.
Get your documents together
This step takes a lot of time and work, so make sure you start early. Do not leave it until the last minute.
Make a list of all documents, audio recordings, videos and photos that relate to your case. These are all known as records.
Complete the court form
You must complete the Affidavit of Records form. Find this form on the Alberta Courts’ website. There are three schedules attached to the form, and you must complete all three.
In Schedule 1, you must list all the records you have that you do not object to sharing. Give each record a name and list them in an organized way, such as by date. If you have similar records, you can bundle them together. For example, you can list six months of bank statements for one account as a single record, such as “ATB Joint Account Statements, May 2023 to October 2023”.
Attach copies of these records to your affidavit. For audio recordings, videos and photos, you can choose to put them on a USB stick. Make sure the file names match the record name you used in Schedule 1.
In Schedule 2, you must give reasons why you object to sharing certain records. Schedule 2 already lists reasons why you can object to sharing documents, which include:
- any letter or offer you or the other partyparty An individual or business involved in a court case. sent to the other that says “Without Prejudice” on it
- all documents between you and your lawyer, including emails and your lawyer’s bills for their services, as solicitor-client privilegesolicitor-client privilege A rule that keeps the conversations between a client and their lawyer private. A lawyer cannot share things their client tells them unless they have their client’s permission or the law requires them to share the information. protects these
- any memos or notes or interoffice communications your lawyer or their assistant made for their file on your case
- records made or created for litigation, existing or anticipated, such as drafts of court documents
If there are other records you object to sharing for other reasons, you must say why. Do not list the record, just say why you object to sharing it.
In Schedule 3, list the records that you used to have but no longer do. Like the records in Schedule 1, give each one a name and list them in an organized way. You must also say how you stopped having it and where the record is now.
Examples of records you used to have but no longer do include:
- photos or text messages on an old, broken phone
- accessaccess A term previously used in Canada’s Divorce Act to describe the time a divorced parent without custody or a non-parent had with a child. The correct terms are “parenting time” (if the person is the child’s parent) or “contact” (if the person is not the child’s guardian). Learn more on the Being a parent or guardian page. to accounts that are no longer in your name
It can be tricky figuring out which records you must share, which you do not have to share and which you no longer have. If you are not sure, get legal support before you accidently share a record you should not have.
Make copies of your affidavit of records
You must make three copies of your affidavit of records, including all attached records and a USB key if you use one. You can make three copies before or after you meet with the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province.. The court will keep a copy, you will keep a copy and you will serve a copy on the other person.
Meet with a Commissioner for Oaths or Notary Public
You must swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. or affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. the contents of your affidavit of records are true before a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province.. The Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. must also mark and sign each exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making..
Who you meet with depends on where you are and where the court you are filing it in is.
- If you are in the same province as the court you are filing the affidavit in, meet with a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta..
- If you are in a different province from the court you are filing the affidavit in, meet with a Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province..
Most court clerks at courthouses are Commissioners for Oaths. You can also find one by searching online though they may charge you a fee for their services.
You cannot change your affidavit or any exhibits after the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. signs it.
File your affidavit with the court
Take your affidavit of records, including the copies of your records, to the right courthouse to file it. Use the same court file number and courthouse that is on your other court documents.
If you do not yet have the other person’s affidavit of records, complete a Notice to Produce an Affidavit of Records form. File it at the courthouse when you file your own affidavit of records.
Serve your affidavit of records on the other person
You must serve your affidavit of records, including copies of your records, on the other person. Learn more about how to do this on the Serve court documents page.
If you filed a Notice to Produce an Affidavit of Records form, serve it on the other person at the same time as you serve your affidavit of records. The other person then has three months to file and serve their affidavit of records on you.
Write another one, if need be
If you discover new information after you serve your affidavit of records, you can make and serve another one.
Potential issues
The other person has not filed and served their affidavit of records in time.
The other person has three months to file and serve their own affidavit of records from the date you served them yours.
If the other person has not given you their affidavit of records in time, you can ask the court for an order requiring them to file and serve an affidavit of records. The court can penalize and fine someone if they don’t serve their affidavit of records in time.
The other person’s affidavit of records is missing records.
You can point out the issues to the other partyparty An individual or business involved in a court case. and request in writing that they fix the errors by a specific deadline. If they miss the deadline or refuse to come to an agreement with you about the records, you can ask the court to resolve your dispute.