Format of Affividats (Civil)

From Riverview Group Library Services


R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE

4.06 (1) An affidavit used in a proceeding shall,

(a) be in Form 4D;
(b) be expressed in the first person;
(c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact;
(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and
(e) be signed by the deponent and sworn or affirmed in accordance with the Commissioners for Taking Affidavits Act. R.R.O. 1990, Reg. 194, r. 4.06 (1); O. Reg. 575/07, s. 1; O. Reg. 689/20, s. 8.

Contents

(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise. R.R.O. 1990, Reg. 194, r. 4.06 (2).

Exhibits

(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit,
(a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;
(b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the lawyer or party who filed the affidavit, unless the court orders otherwise; and
(c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so. R.R.O. 1990, Reg. 194, r. 4.06 (3); O. Reg. 575/07, s. 1.

...

Alterations

(9) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer. R.R.O. 1990, Reg. 194, r. 4.06 (9).

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References

  1. R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived 2021-04-06