Affidavit Examples and Best Practices

Affidavits are pretty simple at first glance: just write a statement, take it to a notary, and sign it. But like all legal stuff, there’s more to it than that. There are important things to consider when writing an affidavit, and that’s where this guide comes in.

This article explains how to write an affidavit for your legal case in the United States and Canada, in plain English and easy steps. You also get formatting rules and multiple examples of affidavit templates you can copy-paste and use.

Not sure what kind of affidavit you need or how to fill out specific affidavit forms? Just use our legal AI assistant, answer a few simple questions, and it will find the affidavit you need and help you fill it out.

What an affidavit is — and what it is not

An affidavit is a voluntary, sworn statement of fact made in writing. The person writing and swearing to the statement is called the affiant (or deponent). By signing an affidavit, the affiant is declaring under oath that the contents are true to the best of their knowledge. This is very similar to giving testimony under oath in court – the difference is that an affidavit is written down and notarized (or commissioned, in Canadian terms) outside of court.

Affidavits are used in a variety of legal contexts. They often appear in court cases (civil or criminal) as evidence or supporting documents for motions. For example, in a family law case, you might submit an affidavit with facts supporting your position. Affidavits are also common in financial matters, property disputes, immigration applications, and even in everyday bureaucratic processes (like proving residency or identity). Essentially, whenever you need to present facts formally and under oath, an affidavit may be the tool to do it.

It’s important to understand that an affidavit is a serious legal document. Because it’s sworn to be true, lying in an affidavit is a crime (perjury) in both the US and Canada. You should only state facts that you know firsthand and believe to be true. The affidavit must also be made voluntarily – if someone forced you to sign, it may not be valid.

You’ll sign only in front of the notary or commissioner, with a valid government ID.

How to Write an Affidavit (Step-by-Step)

Writing an affidavit involves a clear structure. Typically, you should follow these steps:

  1. Title and caption. At the top, label the document “Affidavit.” If the affidavit is part of a court case, include the case information (for example, the court’s name, case number, and parties’ names). This identifies the context of your affidavit.
  2. Affiant’s details. Begin by identifying yourself. Write your full legal name, address, occupation, and (if needed) date of birth. For example: “I, Jane Doe, of 123 Main Street, Vancouver, British Columbia, teacher, over 18 years of age, make oath and say as follows:” (Adapt for your location: in the US, you might skip date of birth.). This section shows who is giving the statement and how to contact or find you.
  3. Statement of Truth. Next, include a clause that says you are swearing the statement is true. A common form is: “I, [Name], being duly sworn, state that the following facts are true.”. In Canada, you might see “swear” or “affirm” before an authorized official. This line signals that everything below is your honest testimony.
  4. Body – the facts. This is the core of your affidavit. Write out all relevant facts in numbered paragraphs. Each paragraph should contain one fact or point. Use the first person (“I did this…”, “I saw that…”) and present facts in a clear, logical order (often chronological). Be specific: include who, what, when, where, how, and why for each fact. For example: “1. On July 5, 2025, at about 3:00 PM, I was driving east on 5th Avenue in Toronto when I saw a red sedan run a stop sign and collide with my blue sedan.” Such details (dates, times, locations, names) make your affidavit credible. If you refer to any documents, attach them as exhibits (e.g., “See attached Exhibit A (police report).”).
  5. Conclusion and signature. After listing your facts, end with a concluding statement like “This affidavit is sworn/affirmed by me, knowing the same to be true.” Leave space for your signature, printed name, and date. Below that, there will be the notary or commissioner’s jurat. The jurat (the block with a signature and seal) is filled out by the official who witnesses you signing under oath. It typically includes language like “Sworn before me this ___ day of ____” and the official’s stamp. Do not sign the affidavit until you are in front of the authorized official – you’ll sign it in their presence.
  6. Notarization (Jurat). To make the affidavit valid, you must swear or affirm it in front of an authorized official. In the US, this is usually a notary public; in Canada, it can be a notary, lawyer, commissioner of oaths, justice of the peace, etc.. The official will check your ID, administer the oath/affirmation, and then sign and stamp the jurat on your affidavit. This step completes the affidavit.
    1. United States:
       “Subscribed and sworn before me at [City], [State], this [day] of [Month], [Year].”
      Notary signs and adds the commission expiry and seal.
    2. Canada:
       “Sworn (or Affirmed) before me at [City], in the Province of [Province], this [day] of [Month], [Year].”
      Notary or commissioner signs; seal if required.

After drafting, proofread carefully. Verify all names, dates, and figures, and correct any spelling errors. An affidavit full of mistakes or unclear writing can hurt your case. Make sure each paragraph is numbered and easy to read. Writing neatly (or typing) is important – illegible affidavits may be rejected.

If you use an interpreter to translate the affidavit, some jurisdictions may ask for a short interpreter affidavit as well.

  1. File and serve if required. Courts often require you to file the affidavit and send a copy to the other side by a certain date. Follow your court or agency’s instructions for e-filing or paper filing.

Affidavit Writing Tips and Best Practices

  • Stick to the facts. Only include what you personally know by observation or action. Do not speculate or include opinions. Write what you saw, heard, or did, or what documents you have. For example, instead of “He clearly lied about his income,” say “He verbally told me his monthly income is $3,000.”. Avoid second-hand statements unless absolutely necessary (if you include them, clearly identify the source and that it is hearsay).
  • Be specific and clear. Give exact details whenever possible: dates (month, day, year), times, addresses, dollar amounts, and names. If you’re unsure of a date, use the best estimate you can. Using precise information makes the affidavit more believable. Avoid vague language.
  • Use one fact per paragraph. Each paragraph should cover a single point. This makes the affidavit easier to follow. Number the paragraphs and maintain a logical order (often chronological).
  • Organize with headings (if needed). For long affidavits, you can use short headings or subheadings (like “Background,” “Events of May 5, 2025,” etc.) to group related facts. But keep things concise. Use numbered paragraphs under each heading. Number all pages at the bottom or top of each page.
  • Keep it professional and factual. Write in a neutral tone. Never insult or accuse by name. Describe what you observed without judgment. For example, say “He was crying when I saw him,” rather than “He is mentally unstable.” Also, avoid absolute terms like “always” or “never”; stick to estimates like “most of the time” and support them with examples.
  • Answer the “Big 5” questions. Make sure your narrative covers who was involved, what happened, when and where it happened, why it matters, and how it unfolded. A helpful technique is to imagine you are telling the story to a judge who knows nothing about the case – include all relevant context.
  • Attach relevant exhibits. If you have documents (photos, reports, contracts, etc.) that back up your statements, refer to them in the text and attach them at the end as exhibits. Label them Exhibit A, B, etc., and mention in your affidavit, e.g., “Attached as Exhibit A is a copy of the repair bill from June 2025.”
  • Proofread carefully. Check for spelling and grammar errors. Read each sentence to confirm accuracy. A second pair of eyes (friend, colleague, or legal aid) can catch mistakes you missed.

Following these tips helps ensure your affidavit is clear, organized, and persuasive. Remember: an affidavit is often the judge’s first (or only) look at the facts, so clarity is key.

How to Write an Affidavit: Affidavit Examples and Best Practices

Example of affidavit templates you can copy

Below are clean templates you can paste into a document editor. Replace the bracketed text. Add your court caption if you’re filing in a case.

General Affidavit of Facts (template)

Affidavit of Facts

I, [Full legal name], of [City and Province/State], [occupation or role], state:

  1. I make this affidavit based on my personal knowledge unless I indicate otherwise.
  2. On [date] at approximately [time], at [address or location], I [describe what you saw, did, or experienced].
  3. On [date], I [next fact].
  4. On [date], I [next fact].
  5. Attached as Exhibit A is a true copy of [document/photo], which shows [what it proves].
  6. Attached as Exhibit B is [next document].

I swear or affirm that the facts in this affidavit are true.

Signature: _______________________
Name (print): ____________________
Date: ___________________________

Jurat for the United States
 Subscribed and sworn before me at [City], [State], this [day] of [Month], [Year].
Notary Public: ____________________
My commission expires: ____________[Seal]

Jurat for Canada
 Sworn (or Affirmed) before me at [City], in the Province of [Province], this [day] of [Month], [Year].[Notary Public or Commissioner for Oaths]: ____________________
Appointment/Commission expires: ____________[Seal if applicable]

Affidavit of Service (template)

Affidavit of Service

I, [Name], of [City and Province/State], declare:

  1. I am at least 18 years old.
  2. On [date] at [time], I served [name of person or business] with [name of document] by [method, for example, personal delivery, registered mail, or courier] at [full address].
  3. The person served was identified as follows: [explain how you knew it was them or their authorized agent].
  4. Attached as Exhibit A is [delivery receipt, signed acknowledgment, or tracking record].
  5. I make this affidavit to prove service in [court or agency, if any].
[Signature and jurat]

Important note: a lot of States and Provinces have government-made affidavit forms in PDF format that you need to fill out, like the Ontario Affidavit of Service.

Affidavit of Identity (template)

Affidavit of Identity

I, [Current legal name], of [City and Province/State], state:

  1. I am also known as [other name or spelling] because [marriage, cultural variation, clerical error, or other reason].
  2. These names identify the same person, namely me.
  3. Attached as Exhibit A is a true copy of my [photo ID].
  4. This affidavit is made to confirm my identity for [purpose].
[Signature and jurat]

Important note: a lot of States and Provinces have government-made affidavit forms in PDF format that you need to fill out, like the New Jersey Affidavit of Identity.

A filled-in example of an affidavit (shows tone and detail)

Affidavit of Facts (Filled in)

I, Jordan Patel, of Calgary, Alberta, tenant at 12 Bay Street, state:

  1. I make this affidavit from my personal knowledge.
  2. On March 8, 2025, at approximately 11:15 pm, loud music began in the apartment next to mine (Unit 3B). I could clearly hear the lyrics in my bedroom until 12:05 am.
  3. On March 15 and March 23, 2025, similar loud music occurred between 11:30 pm and 12:20 am.
  4. On March 24, 2025, at 9:10 am, I emailed the property manager, Alex Chen, describing the late-night noise.
  5. Attached as Exhibit A is a true copy of my March 24, 2025, email to Alex Chen.
  6. On April 2, 2025, I received a written response from the property manager confirming that they had warned the tenants in Unit 3 B.
  7. Attached as Exhibit B is the April 2, 2025, email from Alex Chen.
  8. On April 5, 2025, the late-night music occurred again from 11:40 pm to 12:10 am.

I swear or affirm that the foregoing is true.

[Signature and jurat]

This sample shows the right level of detail: dates, times, who, where, and exhibits that prove each point.

Notarizing or commissioning your affidavit

Want to keep track of what you need to do after writing the affidavit? Use our checklist to avoid missing anything.

Where to go

  • United States: banks, law offices, courthouses, mobile notaries, and many retail shipping stores (e.g., The UPS Store) offer notary services. Many states also allow remote online notarization (RON) by live video; availability and rules vary by state. California has enacted RON, but statewide implementation for CA notaries isn’t expected until a later phase (anticipated by 2030).
  • Canada: lawyers’ or notaries’ offices, some municipal clerk offices, universities, and designated commissioners for oaths. Several provinces permit remote/virtual commissioning (e.g., Ontario since 2020; BC civil rules updated in 2024 with specific wording). Retail shipping stores sometimes host notary/commissioner services, but availability is spottier than in the US.

What to bring

  • A current government-issued photo ID. The name on the ID must reasonably identify you; a character-for-character match isn’t required in many places, but the notary/commissioner must have satisfactory evidence of identity. Bring supporting proof for name changes (e.g., marriage certificate).
  • The unsigned affidavit and any exhibits. Don’t sign or initial anything until you’re in front of the official. If your document requires additional witnesses, arrange them in advance (some locations can provide witnesses; ask first).

Remote sessions

  • When notarizing/commissioning by video, expect extra identity steps (showing ID to the camera and sending a copy) and a required statement in the affidavit that it was administered remotely (BC has prescribed wording; Ontario has checklists for best practices).

Cost

  • US: State law often caps in-person notary fees (commonly $5–$15 per signature); RON sessions are typically higher (around $25–$30). Local providers may add travel or after-hours fees.
  • Canada: Fees are set by the provider; typical first-document prices are in the $30–$50 range, with extras for additional signatures/exhibits and for remote sessions. Some municipalities offer low-cost commissioning for residents.

Oath vs affirmation

  • You may swear (religious) or affirm (non-religious). Both have the same legal effect. Tell the official which one you prefer.

How to Write an Affidavit: Affidavit Examples and Best Practices

Filing and serving after you sign

Filing

  • Follow the court or agency’s filing method: many use e-filing portals (PDF); some still require paper. Keep the ink-signed original with the notary/commissioner certificate in case the court asks to see it. (Examples: US federal courts use CM/ECF; Ontario accepts online filing for many civil matters.)

Service

  • Use the service methods your rules allow. Common options include personal service (hand-delivery), mail, and electronic service (email/e-service) where permitted. In US federal court, electronic service generally requires consent. Canadian rules vary by province; many allow email for non-originating documents and specify when personal service is mandatory.

Proof of service

  • After serving, file the required proof (often an affidavit or certificate of service) using the court’s form. Ontario and BC provide standard proofs of service; procedures are similar elsewhere.

Practical tips

  • Name and date your exhibits In Canada, exhibits may be treated as separate notarizations for fee purposes.
  • If you’re considering remote notarization/commissioning, make sure the court or agency accepts it for your document type and add any required remote-administration statement.

Common Problems when writing an Affidavit — and how to fix them

Even though affidavits are meant to be simple, it’s easy to make mistakes that can delay your filing or weaken your statement. Here’s a breakdown of the most common issues people run into when writing affidavits — and exactly how to avoid or fix each one.

Signing the affidavit before meeting the notary or commissioner

Why it’s a problem: You’re swearing or affirming that your statement is true in front of a legal official. If you sign early, the oath wasn’t witnessed, which means the affidavit isn’t valid.

How to fix it:
 Print the affidavit again and wait to sign until you’re with the notary or commissioner. Even if it feels like a small thing, don’t try to “just initial” or backdate a fix — that can raise legal concerns. Bring proper ID and let them watch you sign fresh.

Writing long, vague opinion paragraphs

What this means: A paragraph full of opinions or emotional language without clear facts. For example:

“The landlord has always been rude and unhelpful, and I think they don’t care about tenants.”

That’s too vague to help your case. It’s also not a fact — it’s a judgment.

How to fix it:
 Break it into short, factual points that can be verified. For example:

“On June 4, 2025, I emailed the landlord about a leaking pipe. I received no response.”
“On June 6, 2025, I called the landlord. He told me he would ‘get to it later’ but did not give a specific date.”

Now it’s a timeline of facts — not a complaint.

Forgetting to label exhibits (or not referencing them properly)

What this means: You include attachments like photos, emails, or screenshots — but don’t mark them or mention them in the affidavit. That makes it hard to tell what supports what.

How to fix it:

  • Label each attachment clearly: “Exhibit A,” “Exhibit B,” and so on.
  • Write the label at the top of the first page of the document, like this:Exhibit A – Email dated June 4, 2025, from Jordan Patel to Landlord
  • In the affidavit text, refer to the exhibit in the paragraph that discusses it:“Attached as Exhibit A is a copy of my June 4, 2025, email to the landlord.”

This connects the exhibit to the story. Every exhibit should have a matching mention in the affidavit.

Using the wrong court caption or leaving it out

What this means: The top of your affidavit should match the court file it belongs to — court name, file number, and parties involved. If this is wrong or missing, the court may reject the document.

How to fix it:
 Copy the caption exactly from the most recent court document (such as the claim, application, or motion). If you’re starting a new matter and no file number exists yet, leave the caption area blank or follow the agency’s instructions.

Mixing facts with arguments

What this means: You start telling the court what it should believe instead of just providing facts. For example:

“Clearly, the defendant was trying to scam me.”

That’s an accusation, not a fact.

How to fix it:
 Stick to what happened. Let the facts speak for themselves. For example:

“On May 10, 2025, the defendant told me the product would arrive in five days. I paid $300 via e-transfer. As of June 10, 2025, I have not received the product.”

You’ve described what happened. The court will draw its own conclusion.

Leaving out important details like dates, times, or names

Why it matters: Without specific details, your statement is harder to prove or follow. General phrases like “a while ago” or “someone called me” are too vague.

How to fix it:
 Be as specific as you reasonably can. Use actual dates, full names, and times if you know them. If you’re not sure, use phrases like:

  • “on or about June 15, 2025”
  • “at approximately 10:30 p.m.”
  • “A man who identified himself as Steve James from Delivery Co.”

Details add credibility.

Putting multiple facts in a single paragraph

What this means: A long paragraph that includes several different facts. This makes it harder for a judge or reader to follow or refer to specific points.

How to fix it:
 Put one fact — one event, one statement, or one action — in each numbered paragraph. For example:

  1. On July 1, 2025, I received a text from the defendant.
    3. The message said, “I’ll bring the money by Friday.”
    4. I replied, “Okay, I’ll be home after 5 p.m.”
    5. I did not receive the money that week.

This helps your statement stay organized and easier to reference.

Using unclear or emotional language

Why it’s a problem: Courts want affidavits to be factual, not dramatic. Phrases like “obviously,” “a huge amount of noise,” or “completely unacceptable” don’t tell the reader anything specific.

How to fix it:
 Replace emotional or vague words with measurable facts:

  • Instead of “a huge amount of noise,” say:“I could hear loud music through the walls from 11:30 p.m. to 1:00 a.m. I could identify the song lyrics.”
  • Instead of “obviously,” just state the facts and let them speak for themselves.

How to Write an Affidavit: Affidavit Examples and Best Practices

Including hearsay without making it clear

What this means: You’re repeating something someone else told you, but presenting it as if you witnessed it directly.

How to fix it:
 Make it clear when you’re sharing second-hand information. Use phrases like:

  • “I was told by…”
  • “According to…”
  • “I read in an email from…”

Then, if possible, attach that communication as an exhibit. Some hearsay is allowed depending on the situation, but it must be labeled clearly.

Making changes after the affidavit is signed

Why it’s a problem: Once an affidavit is signed and sworn, it’s a legal document. Making changes — even small ones — without re-signing creates problems with authenticity.

How to fix it:
 If you spot a mistake, do not write over it or add anything. Instead:

  • Prepare a fresh version and sign it again in front of a notary or commissioner
  • Or prepare a short “supplementary affidavit” explaining and correcting the issue

This keeps everything clean and credible.

10 Useful affidavit forms to fill out online with a guided wizard

Make the paperwork do the work. Here are five widely used Canadian forms and five US forms from your catalog, each with a plain-language use case so people can pick fast and file confidently.

Canada

United States

Quick affidavit checklist before you swear or affirm

  • Clear title and, if needed, the correct court caption with file number
  • Your full name, city, and province/state, and your role in the matter
  • Personal-knowledge statement, and label any information and belief with the source
  • Facts only, no argument; short numbered paragraphs in time order
  • Exhibits labeled A, B, and C with brief cover notes; each exhibit is referenced in the exact paragraph where used
  • Page numbers on every page and exhibit; include an exhibit index if you have more than three
  • Privacy check: redact identifiers as required by local rules
  • If signing for a company, state your capacity and authority
  • Space for your signature and the jurat/certificate

 

  • Jurat/certificate must show: venue lines (state/province and county/city), date, the official’s signature and seal, printed name and title, and—where required—commission number and expiry date. If using remote notarization/commissioning, include the rule-required remote wording.
  • Practical prep: valid government ID, all pages printed or assembled in one PDF, no pre-signing, and a filing/serving plan that matches local rules and deadlines.

FAQs on how to write an affidavit

Do I need a lawyer to write an affidavit?

No. Many people draft their own affidavits. A lawyer or licensed paralegal can help by trimming irrelevant material, aligning the content with local rules, and making sure your facts address what the court or agency must decide.

What is an affidavit, and when would I need one

An affidavit is a written statement of facts you sign under oath or affirmation before an authorized official. You use one when facts must be presented formally as evidence or for a legal process, such as motions in court, government or immigration files, or certain transactions.

What’s the difference between an affidavit and a statutory declaration?

Both are formal written statements of fact. An affidavit is sworn or affirmed. A statutory declaration is a solemn declaration, typically used outside court when a statute or agency calls for it. In Canada, agencies often request statutory declarations while courts usually require affidavits. In the United States, statutory declarations are uncommon; for many federal and some state matters, an unsworn declaration under penalty of perjury can substitute if the exact statutory wording is used. When in doubt, follow the requester’s instructions.

How long should my affidavit be

As short as possible and as long as necessary. One to three pages is common for simple issues. Use numbered paragraphs. Put a single clear fact in each paragraph and attach an exhibit when available.

Can I include what someone told me

Courts generally expect personal knowledge. Limited exceptions exist. Some jurisdictions allow information and belief for procedural or interim matters if you name the source and explain how you know. For contested facts, avoid hearsay. Better options: attach the email or message as an exhibit, or ask that person to provide their own affidavit.

How do I handle screenshots, texts, and emails as exhibits

Make sure the image or PDF shows who sent it, who received it, and the date and time, where possible. Keep it readable. Label each exhibit and add a short cover note on page one. In your affidavit, refer to the exhibit at the exact paragraph where the fact appears.

Can I sign electronically or use remote witnessing

Often yes. Many US states and several Canadian provinces and territories permit remote notarization or commissioning with live video, ID checks, and electronic seals. Availability and rules vary, and some courts require specific certificate wording for remote administration. Check the rules for your state or province and the filing office. Download and keep the final signed PDF with any electronic certificate.

What if I discover a mistake after signing

Do not hand-edit a signed affidavit. Prepare a corrected affidavit and sign again, or file a short supplementary affidavit that explains and fixes the error. Keep the original for your records.

Do I need the original ink-signed document for court

Many courts accept e-filed PDFs and never ask for the paper original. Others may require the original for hearings or trials. Check local rules and keep the original in a safe place.

How should I write uncertain details without sounding unreliable

State what you know and mark what is approximate. Examples: at approximately 11:15 pm; to the best of my recollection, the call lasted 10–15 minutes. Precision where possible, candour where not.

Can I reuse the same affidavit in the US and Canada

The facts can be the same, but the certificate wording and witnessing requirements differ. Create jurisdiction-specific versions: one with US notary language and venue lines for state and county, and one with Canadian wording and the correct title for the official.

What should the notary or commissioner actually do

They verify your identity, administer the oath or affirmation, watch you sign, and complete the certificate with their signature and seal. They do not draft your facts. Bring every page so they can initial or stamp if required.

What is the best file format and naming for exhibits

Use PDF for documents and clear images. Name files so a clerk understands them at a glance, for example

  • Affidavit-Patel-2025-04-10.pdf
  • Exhibit-A-Email-2025-03-24.pdf
  • Follow any e-filing system rules on separate uploads for exhibits.

What happens if someone lies in an affidavit

Knowingly false statements can be perjury, which is a crime. Beyond penalties, credibility is damaged, and the case can be harmed. If you discover an error, correct it promptly with a new or supplementary affidavit.

What must every affidavit include

A clear title or caption if for court, your identifying details, a short statement that you swear or affirm the truth, numbered paragraphs of facts, properly labeled exhibits, your signature in front of the official, and a complete certificate by the notary or commissioner.

Sources

  1. Affidavits | Notary Link | Ontario
  2. Sworn and Written: A Step-by-Step Guide to Crafting the Perfect Affidavit – The Legal Connection, Inc.
  3. What is an affidavit and how to write one? | NotaryPro
  4. What is an Affidavit?
  5. How do you write an affidavit? | Family Law in BC
  6. Do I Need a Notary or a Commissioner of Oaths?

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