Affidavit – General (Alberta)

Jurisdiction: Country: Canada | Province/State: Alberta

What is a Affidavit – General (Alberta)?

An Affidavit – General (Alberta) is a sworn, written statement of facts. You sign it under oath or affirmation before a person authorized to administer oaths in Alberta. That person is usually a commissioner for oaths, a notary public, or a lawyer with authority. Your affidavit becomes evidence. It tells the decision-maker what happened, in your own words, and attaches proof.

You use this form when you need the court or a tribunal to consider facts without live testimony. It is common in interim steps, applications, chambers hearings, and procedural motions. It is also used to prove specific facts, like service of documents or the amount owed under a contract.

Who typically uses this form?

Anyone involved in a legal process in Alberta. That includes you if you are a party to a dispute. It also includes employees, property managers, bookkeepers, and other witnesses who know the facts. Businesses use it through an employee or director who has personal knowledge of the records. Professionals use it to verify reports or timelines. Self-represented litigants use it to put their evidence on the record.

Why would you need this form?

You need it any time a decision will turn on facts that are not already agreed. The affidavit sets out those facts in clear, numbered paragraphs. It also attaches exhibits such as emails, screenshots, invoices, contracts, photos, or letters. You refer to each exhibit in the affidavit so the decision-maker can follow your story.

Typical usage scenarios:

• You might use it to support an application for more time to file a document.
• You might oppose a motion by explaining what the other side left out.
• You might prove that you served documents on the other party.
• You might ask for an order to compel records and explain the efforts you made.
• You might confirm a payment history with bank statements attached.
• You might describe events leading to a workplace dispute.
• You might set out property damage and attach repair estimates.
• If you need to put facts before a decision-maker in Alberta, this is the standard form.

Remember, an affidavit is not argument. It is evidence. You use it to tell the facts, in a logical order, with documents that back you up. You keep it concise, accurate, and relevant to the issue before the decision-maker.

When Would You Use a Affidavit – General (Alberta)?

You use this affidavit when a rule or direction requires evidence in writing. It is common in early steps, like obtaining records, freezing a deadline, or seeking simple procedural relief. You also use it for more substantive requests that rely on a paper record.

If you are a tenant disputing a security deposit, you would use an affidavit to explain the move-out date, the inspection, and the deductions. You would attach the lease, inspection forms, and photos. If you are a landlord claiming unpaid rent, you would explain the arrears and attach the rent ledger and notices. If you are a business owner seeking payment on an unpaid invoice, you would describe the work, attach the contract and invoices, and confirm delivery. If you are an employee opposing a dismissal claim, you would set out performance facts and attach emails that show the timeline.

You use this affidavit to prove service of documents. You would describe when, where, and how you served the other side. You would attach a copy of what you served, along with delivery receipts or a process server’s notes.

If you need urgent relief, you use an affidavit to show urgency and the harm you risk. You may explain why you could not give notice and what you did to minimize prejudice. If you are responding to an application, you use an affidavit to correct or complete the factual record. You would explain the context and attach the missing documents.

In family matters, you use affidavits to describe parenting schedules, incidents, or expenses. You attach calendars, receipts, and messages. In estate matters, you use affidavits to confirm a will search, outline beneficiaries, or attach asset lists. In real estate disputes, you use affidavits to map possession dates, defects, and correspondence with contractors.

If you represent a company, you use an affidavit through a person with knowledge. That person might be a controller who can explain ledgers. It might be a project manager who can confirm milestones. It might be a director who can confirm authority and decisions.

In short, you use this affidavit whenever a decision-maker needs facts from you. The affidavit puts those facts in a clear, sworn format that can be tested and relied on.

Legal Characteristics of the Affidavit – General (Alberta)

An affidavit is legally binding because you swear or affirm that its contents are true. That oath or affirmation carries legal consequences. If you knowingly include false statements, you risk penalties. Those can include fines, contempt remedies, or other sanctions. The seriousness of the oath is what gives the affidavit its weight.

Enforceability flows from compliance with formal requirements. You must sign in front of a person authorized to administer oaths in Alberta. That person completes the commissioning block, also called the jurat. The jurat states the place and date, confirms your oath or affirmation, and identifies the commissioner. The commissioner prints their name and authority. A commissioner for oaths includes an expiry date, if applicable. A notary public uses a seal or stamp. Without a proper jurat, the affidavit may be rejected.

The content of the affidavit must focus on facts. You should state what you saw, did, or know first-hand. If you include information on belief, you must say so. You should name the source of the information and state that you believe it to be true. Decision-makers rely most on personal knowledge. They will weigh “information and belief” less. Some steps may limit hearsay, so be careful with second-hand statements.

Every exhibit must be identified in the body of the affidavit. Use simple labels, like Exhibit “A,” “B,” and so on. Each exhibit needs an exhibit certificate. The commissioner signs the certificate to link the exhibit to your affidavit. Uncertified attachments can be refused or ignored. Keep exhibits clear and legible. Highlight relevant portions if needed, but avoid obscuring the text.

You must not sign the affidavit before meeting the commissioner. You sign only in their presence. You also initial each page and any hand-written changes at the time of commissioning. The commissioner will ask you to swear or affirm the truth. You may choose an oath or a solemn affirmation. Both carry the same legal effect. If you need an interpreter, the interpreter must take an oath and sign a declaration. The process must ensure you understand what you are swearing.

Commissioning may occur in person. In some cases, it may occur by approved remote means. If you use remote commissioning, follow identity and process steps carefully. You may need extra statements about how the commissioning occurred. Ask the commissioner what they require, and prepare government-issued ID.

The affidavit should be complete and self-contained. The decision-maker should not need to guess context or hunt for documents. Keep it relevant. Avoid opinion and argument. Save legal arguments for your brief or oral submissions.

Privacy and confidentiality matter. Limit personal identifiers to what is needed. Redact account numbers, birthdates, and signatures where appropriate. If you file sensitive records, consider whether a confidentiality request is available. Never include privileged communications unless the privilege has been waived.

You can use an affidavit sworn outside Alberta if the person commissioning it had authority in that place. The jurat must still be clear and complete. If the affidavit uses an interpreter or involves multiple deponents, include the correct supporting statements. If you discover an error after commissioning, do not alter the original. Prepare a fresh affidavit that corrects the mistake.

How to Fill Out a Affidavit – General (Alberta)

Follow these steps to complete the form correctly and avoid rework.

1) Identify the correct proceeding

Confirm you have the right file and the right forum. Check the file number, the parties’ names, and your role. Use the same names and spelling that appear on existing documents. Consistency prevents filing issues and confusion.

2) Complete the heading (style of cause)

Fill in the file number, the location of the proceeding, and the parties’ names. Use Plaintiff/Defendant or Applicant/Respondent as it appears in the file. If you are not sure, look at the most recent filed document. Match the format exactly. Do not create new party names.

3) Title your affidavit

Write “Affidavit of [Your Full Name].” If the form has a space for your role, add it, such as “the Plaintiff” or “a Director of the Defendant.” This helps the reader place you and your perspective.

4) Add deponent details

State your full legal name, occupation, and municipality of residence. If you speak for a company, state your title and why you have knowledge. For example: “I am the Controller of ABC Ltd., and I have access to the company’s records.” Do not include your full address unless required. Keep personal details minimal.

5) Draft numbered paragraphs

Use short, numbered paragraphs. One fact per paragraph. Keep sentences clear and direct. Use dates in a consistent format. Explain events in chronological order. Start with who you are and your connection to the case. Then set out the facts that support the order you seek or oppose.

6) Stick to facts and personal knowledge

Say what you did, saw, said, or received. If you rely on information from others, say “The following is based on information and belief.” Name the source and explain why you believe it. Avoid speculation, legal conclusions, or insults. The decision-maker needs facts, not rhetoric.

7) Refer to exhibits properly

When you mention a document, attach it as an exhibit. Use a simple label. For example: “Attached as Exhibit ‘A’ is a true copy of the contract dated March 3, 2024.” Keep a clear sequence for exhibits. If you have many emails, group them with tabs and a short index. Ensure all pages are legible.

8) Prepare the exhibit certificate

Each exhibit needs a certificate, signed by the commissioner. The certificate links the exhibit to your affidavit. The commissioner will write or stamp the certificate on the first page of the exhibit. Bring clean copies. Do not staple exhibits to the affidavit until after commissioning asks you to do so. Follow the commissioner’s instructions.

9) Use clear, neutral language

Write for someone who knows nothing about your case. Avoid acronyms unless you define them. Use plain words. Replace vague terms like “soon” with specific dates and times. If you recall ranges, say so. If you cannot recall a detail, be upfront. Precision builds credibility.

10) Add any required schedules

If the form calls for schedules, attach them after the exhibits. A schedule can include long lists, calculations, or logs. Refer to each schedule in the affidavit body. For example: “My call log is attached as Schedule 1.”

11) Review for completeness

Check names, dates, amounts, and exhibit labels. Confirm that each exhibit is mentioned in the body. Confirm that each exhibit has a certificate. Ensure paragraph numbering is correct. Make sure the affidavit tells a complete story. Remove repetition. Keep only relevant facts.

12) Do not sign yet

You must sign in front of the commissioner. Do not sign or initial anything beforehand. Bring government-issued photo ID. If you need an interpreter, arrange one in advance. If commissioning will be remote, test your technology and lighting.

13) Attend before the commissioner

The commissioner will verify your identity. They will ask if you prefer an oath or affirmation. Listen to the oath or affirmation carefully. Answer clearly. Then sign the affidavit in their presence. Initial each page and any corrections as directed. The commissioner will complete and sign the jurat.

14) Complete the jurat and exhibits

The jurat must show the date and location of commissioning. The commissioner must print their name and authority. A commissioner for oaths includes their expiry date, if required. The commissioner signs and stamps the exhibit certificates. Ask for a quick review before you leave.

15) Make copies and keep the original safe

Make at least two copies of the commissioned affidavit and all exhibits. Keep the original clean and unmarked. Use the original for filing, if required. Mark your working copy for your notes. Store a copy securely for your records.

16) File and serve if required

If you must file the affidavit, check the filing deadline. File with the correct registry or office. Pay any fees. Serve the filed copy on the other parties by the permitted method. Keep proof of service. If you need to prove service, prepare a separate affidavit of service.

17) Correcting mistakes

If you spot an error after commissioning, do not alter the document. Prepare a fresh affidavit that corrects the error. If time is short, consider a short supplemental affidavit that fixes a minor point. Always commission the new affidavit properly.

18) Practical tips that help

Use black ink and single-sided pages. Number every page, including exhibits, in sequence. Use bookmarks and a table of contents for large exhibit sets. Highlight only to guide, not to obscure. Avoid attaching duplicate documents. If a document is already in the record, refer to it rather than reattach it, unless asked.

19) Special situations

If multiple people swear to the same facts, each should have their own affidavit. If one person lacks personal knowledge, consider an affidavit from the person who does. If you are outside Alberta, use a local notary or equivalent officer. Ensure the jurat makes their authority clear. If you use remote commissioning, include any required statements about the process and location.

By following these steps, you produce a clear, compliant affidavit. You tell your story with precision and supporting proof. You respect the formalities that give the document its legal force. And you present facts in a way that helps the decision-maker reach a fair result.

Legal Terms You Might Encounter

• Deponent. You are the deponent. You swear or affirm the affidavit. Your name appears at the top and in the jurat. You take responsibility for every statement.
• Commissioner for Oaths. This person witnesses your signature in Alberta. They verify your identity and administer the oath or affirmation. They complete the jurat and stamp or print their appointment details.
• Notary Public. A notary can also witness your affidavit. They have broader authority for documents used outside Alberta. For this form, a commissioner or a notary is acceptable.
• Oath and Affirmation. An oath calls on a religious belief. An affirmation is a solemn promise without religious content. Both have the same legal effect. You choose one when you sign.
• Jurat. This is the certification block at the end. It records where, when, and before whom you swore or affirmed. It includes your signature and the commissioner’s or notary’s signature and details.
• Exhibit. An exhibit is a document attached to your affidavit. You refer to it in the text with a label, like “Exhibit A.” The commissioner or notary marks each exhibit with an exhibit stamp or statement.
• Style of Cause and Court File Number. The style of cause names the parties and the court location. The court file number tracks your case. You place both at the top so the court can file it correctly.
• Personal Knowledge vs. Information and Belief. Personal knowledge is what you experienced or did. Information and belief is what someone else told you or a record shows. When using information and belief, say your source and that you believe it to be true.
• Service. Service means delivering the affidavit to the other side. It must be done in the proper way and on time. Some steps also require proof of service, often by an affidavit of service.
• Perjury and False Affidavit. Swearing false facts can lead to criminal charges. Courts may reject your affidavit or penalize you. Treat every statement as if you are on the stand.

FAQs

Do you need a lawyer to make this affidavit?

No. You can prepare it yourself. You still must sign it before a commissioner or a notary. A lawyer can help with wording, exhibits, and strategy if your case is complex.

Do you have to sign in front of a commissioner or notary?

Yes. You must sign in their presence. Bring valid, government-issued photo ID. Do not sign in advance. The commissioner or notary must see you sign and must complete the jurat.

Can you swear or affirm remotely by video?

Remote commissioning may be available. Rules can change. Many commissioners offer virtual witnessing when allowed. Expect extra identity checks and clear video and audio. Ask the commissioner about current requirements before you book.

Do you need to attach exhibits, and how do you label them?

Attach only the documents you need. Label each exhibit in order: A, B, C, and so on. Mention each exhibit in the text. The commissioner or notary must mark each exhibit. Arrange exhibits behind the affidavit in the same order you reference them.

Do you have to initial every page and exhibit?

Yes, as a best practice. Initial the bottom of each page of the affidavit. Initial each exhibit page or the first page of each exhibit set, as directed by the commissioner. The commissioner or notary also initials per their practice.

Can you include facts you learned from someone else?

Use personal knowledge whenever possible. If you rely on information from others, say it is “information and belief,” name your source, and say you believe it to be true. Courts may give less weight to hearsay. Keep it specific and reliable.

What if you make a mistake after you swear the affidavit?

You cannot edit the sworn affidavit. Prepare a new or supplemental affidavit to correct or update the facts. Swear the new affidavit before a commissioner or notary. File and serve it as required.

How long is an affidavit “valid”?

There is no built-in expiry. Courts focus on whether the information is current. If time has passed or facts changed, prepare a fresh affidavit or a supplemental one before your hearing.

Checklist: Before, During, and After the Affidavit – General (Alberta)

Before signing

• Confirm why you need the affidavit. Know the specific issue and deadline.
• Gather ID: government-issued photo ID that matches your name on the form.
• Confirm the style of cause and court file number from your case documents.
• Outline your facts in date order. Stick to what you know.
• Collect exhibits. Mark them A, B, C in draft. Remove duplicates.
• Redact sensitive personal data that is not needed.
• Verify names, dates, addresses, and amounts against records.
• Book a commissioner or notary. Ask about in-person or remote options.
• Arrange an interpreter if you need one. Ensure impartiality.
• Print single-sided copies if directed by the court or your commissioner.

During signing

• Bring your unsigned affidavit and all exhibits. Do not staple until after signing.
• Bring original exhibits if available for verification.
• Show your ID. Confirm your full legal name and address.
• Confirm you understand the contents. Ask to pause if you need clarifications.
• Choose oath or affirmation. Use the wording offered by the commissioner.
• Sign the affidavit and initial each page in the commissioner’s presence.
• Let the commissioner complete the jurat fully, including location and date.
• Have the commissioner mark and identify each exhibit consistently.
• Check the final document for all signatures, stamps, and dates.
• Assemble the affidavit with exhibits in order. Use staples or bindings as required.

After signing

• Make a clean copy for filing and one for your records.
• File the affidavit with the court if your step requires filing. Follow local filing rules.
• Serve the affidavit on every required party in the correct way.
• Calendar any response or reply dates.
• If you filed, confirm acceptance by the court clerk and note the filing stamp.
• Store the original in a safe place. Keep a digital scan with clear exhibit pages.
• Prepare an affidavit of service if the rules require proof of delivery.
• Review upcoming hearing materials to ensure your affidavit is included.

Common Mistakes to Avoid

• Leaving out the source for “information and belief.”
• Consequence: The court may give your statement little weight. Don’t forget to name your source and state your belief in its truth.
• Signing before meeting the commissioner or notary.
• Consequence: The affidavit may be invalid. Don’t sign until you are in front of the commissioner or notary, whether in person or remotely.
• Mismatched details in the style of cause or file number.
• Consequence: Filing delays or rejection. Don’t forget to copy the style of cause and file number exactly from your case documents.
• Unmarked or disorganized exhibits.
• Consequence: Confusion and reduced credibility. Don’t forget to label exhibits in order and refer to each one clearly in the text.
• Opinion, argument, or speculation in place of facts.
• Consequence: Parts may be struck or ignored. Don’t forget to stick to facts you know, with dates, names, and documents to support them.

What to Do After Filling Out the Form

1. File it where required. Follow the filing rules for your court location and case type. Some steps require filing before service. Others allow you to serve first. Ask the clerk if you are unsure about sequence.
2. Serve it properly. Deliver the affidavit to every required party. Use the permitted method. Track the deadline. Keep proof, such as a courier receipt, email confirmation, or an affidavit of service if required.
3. Confirm court readiness. Check that the affidavit is on the court file before your hearing or application. Ensure your exhibits are legible. Bring a spare copy for the judge and for yourself.
4. Prepare a brief summary. Draft a short outline of your key points with exhibit references. This helps you present fast and stay on topic in court.
5. Update if facts change. If something material changes, prepare a supplemental affidavit. Swear it and file and serve it in time for the hearing. Do not edit the original affidavit.
6. Mind confidentiality. Only include personal details needed for the issue. If sensitive content is unavoidable, consider a sealing or confidentiality request if available. Keep copies secure.
7. Track outcomes. After the hearing, note any directions about further affidavits, deadlines, or cross-examinations. Calendar those dates and begin gathering any new exhibits you will need.
8. Maintain version control. Keep a folder with your sworn affidavit, exhibits, proof of filing, and proof of service. Name files with the date and version so you can find the latest.
9. Plan for cross-examination if applicable. Some steps allow cross-exam on affidavits. If that arises, review your affidavit and exhibits. Bring originals or certified copies if asked.
10. Coordinate with other materials. Align your affidavit with notices, applications, and briefs. Ensure the facts in all documents match. Resolve any inconsistencies before filing.
11. Prepare for accessibility needs. If you or a witness needs accommodations, notify the court early. This avoids last-minute delays.
12. Check fee payments. Pay any filing fees. Keep the receipt. Some forms need no fee, but others do. Ask the clerk in advance to avoid a second trip.
13. Review next steps after a decision. If the court orders further affidavits or disclosure, start early. Build a list of documents and contacts to gather what’s needed on time.
14. Measure impact. Ask yourself if your affidavit achieved its purpose. Note what worked—clear dates, short paragraphs, strong exhibits. Use those lessons for your next filing.