Format of Affidavits (Civil): Difference between revisions

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


(a)  be in Form 4D;
<b>Contents</b>


(b) be expressed in the first person;
:(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).


(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;
<b>Exhibits</b>


(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and
:(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.


(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
Alterations
 
(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.
 
By Two or More Deponents
 
(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used.  R.R.O. 1990, Reg. 194, r. 4.06 (4).
 
For a Corporation


(5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.  R.R.O. 1990, Reg. 194, r. 4.06 (5).
:(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).
 
For a Partnership
 
(6) Where these rules require an affidavit to be made by a party and the party is a partnership, the affidavit may be made for the partnership by a member or employee of the partnership.  R.R.O. 1990, Reg. 194, r. 4.06 (6).
 
By an Illiterate or Blind Person
 
(7) Where it appears to a person taking an affidavit that the deponent is illiterate or blind, the person shall certify in the jurat that the affidavit was read in his or her presence to the deponent, that the deponent appeared to understand it, and that the deponent signed the affidavit or placed his or her mark on it in the presence of the person taking the affidavit.  R.R.O. 1990, Reg. 194, r. 4.06 (7).
 
By a Person who does not Understand the Language
 
(8) Where it appears to a person taking an affidavit that the deponent does not understand the language used in the affidavit, the person shall certify in the jurat that the affidavit was interpreted to the deponent in the person’s presence by a named interpreter who took an oath or made an affirmation before him or her to interpret the affidavit correctly.  R.R.O. 1990, Reg. 194, r. 4.06 (8).
 
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).
<ref name="RCP">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived 2021-04-06</ref>


==References==
==References==

Revision as of 16:58, 6 April 2021


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).

[1]

References

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