Affidavit in Response (Alberta)

Jurisdiction: Country: Canada | Province/State: Alberta

What is an Affidavit in Response (Alberta)?

An Affidavit in Response is a sworn statement. You file it to answer another party’s affidavit or application. It gives your version of the facts. It addresses the claims and evidence against you. It supports your position with documents and details.

You use it in Alberta courts. You use it in chambers applications and other motions. You also use it in family law, civil cases, and some tribunal matters. The court reads it before a hearing. The judge uses it to understand the dispute. The judge also uses it to decide what orders to make.

You swear or affirm the affidavit before a Commissioner for Oaths. You can also use a Notary Public if needed. Your statements are evidence. You must tell the truth. You attach exhibits to prove key points. You organize your facts in numbered paragraphs. You write in clear, direct language.

Who typically uses this form?

Respondents use it to defend an application. Applicants use it to reply to new facts raised by the other side. Self‑represented litigants use it often. Lawyers prepare it for clients in most applications. Businesses use it through an authorized officer or witness. Property managers and landlords use it in housing matters. Parents use it in parenting and support disputes. Creditors and debtors use it in debt and enforcement proceedings.

Why would you need this form?

You need it to answer allegations. You need it to put your facts before the court. You need it to attach records the court should see. You need it to challenge what the other party filed. You also need it to correct errors. You use it to explain context the court lacks. Without it, the court may hear only one side.

Typical usage scenarios:

• Family applications for parenting time.
• You also see it in child or spousal support applications.
• It is common in civil injunctions.
• It appears in debt collection and summary judgment.
• You use it in foreclosure and security enforcement.
• It is used in possession or eviction disputes.
• It appears in small business contract claims.
• It also shows up in workplace or partnership disputes.
• It is used in procedural motions like adjournments.
• It is used to strike or compel disclosure.
• It is often used with protection or restraining order reviews.

In short, this is your formal response. It is how you put your evidence before the court. It must be accurate, clear, and complete.

When Would You Use an Affidavit in Response (Alberta)?

You use this form when someone serves you with an application. That application asks the court to make orders. It is supported by their affidavit and exhibits. You must respond if you oppose the request. You also respond if you agree in part but need changes.

You use it in family chambers when the other parent seeks new terms. They might seek to change parenting time or decision‑making. They might seek to vary support. You file an Affidavit in Response to explain the child’s schedule. You explain your income and expenses. You attach pay stubs and tax records. You address any safety concerns. You propose a plan that fits the child’s needs.

You use it in a civil application for an injunction. The other side may claim urgent harm. They may file affidavits with photos and emails. You respond with your facts. You show steps you took to reduce harm. You attach contracts, letters, and expert notes if available. You address the test for an injunction with facts. You keep legal argument for your brief or oral submissions.

You use it when a creditor seeks judgment. They may move for summary judgment on a debt. You respond with facts showing a real defence. You attach the contract, change orders, and invoices. You show delivery issues or defects. You explain set‑off or payments made. You confirm missing credits. You may attach emails and text messages. You organize your exhibits to tell a clear story.

You use it when a landlord seeks possession. You respond with proof of payment. You show repair notices. You attach photos of conditions. You explain access issues. You confirm dates and communications. You propose a payment plan if needed. You show efforts to resolve the dispute.

You use it for foreclosure or security enforcement. You can explain sale efforts and property value. You attach listings and appraisals. You address redemption options. You show payments and insurance. You describe tenancy issues affecting value.

You use it in procedural disputes. For example, when the other party seeks to strike your claim. You respond with facts that support your pleading. You show that evidence exists to prove key elements. You explain why records are missing and when they will be produced. You ask the court to allow an amendment if needed.

In short, you use this form whenever you must answer an application with evidence. It is your chance to put your facts on the record. It guides the judge before the hearing starts.

Legal Characteristics of the Affidavit in Response (Alberta)

An Affidavit in Response is sworn evidence. It is not a contract. It does not “bind” you like an agreement. It binds you in another way. You swear or affirm that its content is true. You face serious penalties if you lie. The court relies on your statements to make orders.

What ensures enforceability?

Proper commissioning makes it valid. A Commissioner for Oaths or Notary must witness your signature. They must verify your identity. They must complete the jurat. The jurat states the date, place, and method (oath or affirmation). The Commissioner must sign and print their name. They must include their expiry, if required. Each exhibit must be marked and signed. The exhibit stamp or statement links it to your affidavit. These steps show the court that you swore the document properly.

Form and content also matter. Your affidavit must use the correct court style. It must include the file number and judicial centre. It must name all parties correctly. It should be typed and legible. The paragraphs should be numbered. Each fact should be in a separate paragraph. The document should avoid argument. It should stick to facts that you know. You can include facts based on information and belief in some applications. If you do, name the source and say you believe it to be true. For final orders, the court expects more direct knowledge. Keep that in mind when you draft.

Relevance is important. Include facts that relate to the orders sought. Leave out comments and opinion. Avoid personal attacks. Stick to dates, events, and documents. Judges value clear, neutral facts. They give little weight to rhetoric. They ignore speculation.

There are limits on confidential material. You may need to redact personal identifiers. You may need to anonymize a child’s name. If privacy is critical, you can seek a sealing order. Ask the court for directions before filing sensitive content. Do not file bank account numbers or full Social Insurance Numbers. Redact such data in exhibits.

Service and timing affect use. The court may not read your affidavit if late. You must serve it within the set time. The deadline depends on the type of application. It also depends on the court level. Urgent matters may have shorter timelines. Check your notice of application. File and serve early whenever possible.

Expect that your affidavit can be tested. The other side can cross‑examine you on it. They can test your memory and sources. They can challenge your exhibits. Keep your statements accurate and precise. If you do not know, say so. Do not guess.

The court can strike improper material. The court can remove scandalous or irrelevant parts. The court can limit hearsay if not allowed. The court can disregard exhibits that lack context. The court may draw an adverse inference if you omit key facts. Be complete and fair.

Once filed, your affidavit becomes part of the court record. Treat it as public unless the court orders otherwise. Do not include private details you do not need. Use only what supports your position.

How to Fill Out an Affidavit in Response (Alberta)

Follow these steps to prepare and file your affidavit.

1) Confirm your deadline and court.

Read the application you received. Note the hearing date. Check the filing and service deadline for responses. Identify the court level and location. Confirm the judicial centre and file number. Build a timeline for drafting, commissioning, filing, and service.

2) Define your goals.

Write down the orders you oppose. Note any parts you accept. Decide what facts the judge must know. Decide which exhibits prove those facts. Keep your affidavit focused on those points.

3) Gather documents and evidence.

Collect contracts, emails, texts, and letters. Gather pay stubs and tax returns if support is at issue. Save photos, videos, and logs. Obtain statements from people with direct knowledge. Get records from third parties if possible. Keep originals safe. Use copies as exhibits.

4) Draft the style of cause (caption).

At the top, include the court name. Include the judicial centre and file number. List the full legal names of all parties. Keep the same order used in the claim. Identify your role as “Respondent” if applicable. Title the document “Affidavit in Response.”

5) Identify the deponent.

The first paragraph should state your full name. Include your address and occupation. State your relationship to the case. For a company, identify your role and authority. Confirm you make the affidavit from personal knowledge. Add that some facts are on information and belief if needed. Name the source of information when you use it.

6) Provide a brief overview.

Add a short summary of the issue. State what the other party seeks. State your position in one or two sentences. Example: “I oppose changing parenting time. The current schedule works for the child.”

7) Set out background facts.

Use short, numbered paragraphs. Give key dates and events. Explain the history of the dispute. Keep each paragraph to one idea. Avoid commentary and argument. Provide context the judge needs to follow the story.

8) Respond to each allegation.

Read the other party’s affidavit line by line. Address important points directly. Admit what is true. Correct what is false or incomplete. If a statement is misleading, explain why. Quote the paragraph number you reply to when helpful. Keep your responses factual and concise.

9) Attach and reference exhibits.

Mark each document as Exhibit “A,” “B,” and so on. Add a brief exhibit list if long. In the text, refer to each exhibit by letter and description. Example: “A copy of the lease is attached as Exhibit ‘B’.” Use clear, legible copies. Highlight relevant sections if needed. Do not annotate the originals. The Commissioner must mark and sign each exhibit.

10) Address the legal tests with facts.

Think about what the judge must decide. For support, show income and expenses. For parenting, focus on the child’s best interests. For injunctions, address urgency and harm with facts. Do not write legal argument. Save case law for your brief or oral submissions. Use facts that fit the test.

11) Include any “information and belief” statements properly.

If you rely on second‑hand information, name the source. State that you believe it to be true. Use this only when allowed for the type of application. For final orders, use first‑hand evidence wherever possible.

12) Keep the tone neutral and precise.

Avoid adjectives and opinions. Use dates, times, and names. If you do not recall something, say so. If you estimate, state that it is an estimate. Do not overstate or generalize.

13) Add closing paragraphs.

Confirm that you swear the affidavit for the response. State that you believe the facts are true. Add a final paragraph listing the exhibits attached. If you need more time or relief, file a separate application. Do not ask for orders in this affidavit.

14) Prepare the jurat.

Leave space at the end for the jurat. The jurat includes the place and date of swearing. It identifies the person before whom you swear. It states whether you swore or affirmed. Do not sign the affidavit yet.

15) Arrange commissioning.

Meet with a Commissioner for Oaths or a Notary. Bring government photo ID. Bring the unsigned affidavit and exhibits. The Commissioner will verify your identity. They will ask if you understand the contents. They will ask you to swear or affirm. Sign in their presence. They will sign, stamp, and date the affidavit. They will mark and sign each exhibit.

16) Review for completeness.

Check that the caption is correct. Check that names and numbers match the court file. Confirm that exhibits are labeled and referenced. Confirm the jurat is complete. Confirm page numbers and paragraph numbers. Ensure the document is legible and tidy.

17) Make copies.

Create at least two copies. Keep one for your records. Use one for service on the other side. You may need more copies for additional parties.

18) File with the court.

File the original sworn affidavit. Use the court’s filing method. Some courts accept e‑filing. Others require in‑person filing. Pay any required fee. Obtain a filed copy with the court stamp.

19) Serve the other parties.

Serve the filed affidavit by the deadline. Serve the lawyer of record, if there is one. If the party is self‑represented, serve them at their service address. Use the permitted method for service. Keep proof of service. You may need an Affidavit of Service.

20) Prepare for the hearing.

Bring your filed affidavit and exhibits to the hearing. Tab and index the exhibits. Prepare brief speaking notes. Focus on three to five key points. Be ready to answer questions on your affidavit.

21) Consider a supplemental affidavit if needed.

If new facts arise before the hearing, you may need to update. Ask the other side if they consent. If not, you may need permission from the court. Do not ambush the other side with late material. Provide it as early as possible.

22) Protect private information.

Redact Social Insurance Numbers. Redact banking details. Use initials for minors if required. File a sealing request if truly necessary. Keep privacy laws in mind.

23) Use proper formatting.

Type the affidavit in a clear font. Use one side of the page. Number the pages. Number the paragraphs. Keep margins standard. Avoid colour unless needed for clarity. Ensure exhibits are readable.

24) Avoid common mistakes.

Do not sign before meeting the Commissioner. Do not add exhibits after commissioning. Do not include argument or case law. Do not ignore the other party’s key points. Do not miss your service deadline. Do not omit the file number or judicial centre.

Sections to complete in the form include the parties, statements, signatures, and schedules. The parties section is the caption and style of cause. The statements section is your numbered facts. This is the core of the affidavit. The signatures section is the jurat. You sign before the Commissioner. The Commissioner signs and stamps. The schedules are your exhibits. Label them in order. Refer to each exhibit in the body.

Practical examples:

• You are a small business owner. A supplier seeks judgment on an unpaid invoice. You opposed their application. Your affidavit explains delivery delays and defects. You attach the purchase order, emails, and photos. You attach a credit note the supplier ignored. You show partial payments. You show your offer to return goods. You ask the court to dismiss or set timelines. Your evidence shows a real issue for trial.
• You are a parent. The other parent seeks to reduce your parenting time. Your affidavit shows the child’s routine. You attach school emails and calendars. You attach a parenting app log. You attach a medical note on the child’s needs. Your facts support stability. You propose slight adjustments for exams. You keep the focus on the child’s best interests.

Quality drafting helps the judge. Clear facts and organized exhibits build trust. Your Affidavit in Response is your voice on paper. Use it to tell the court what happened. Keep it accurate, specific, and complete.

Legal Terms You Might Encounter

• Affidavit: This is your sworn written evidence. In an Affidavit in Response, you tell your side about the issues raised. You lay out facts you know and attach proof. The court reads it before the hearing.
• Deponent: You are the deponent. You swear or affirm the affidavit. Your signature confirms the truth of every paragraph and exhibit.
• Oath or Affirmation: You choose to swear an oath or affirm. Both carry the same legal weight. You must do this in front of a Commissioner for Oaths or a Notary Public.
• Commissioner for Oaths / Notary Public: This is the official who takes your oath or affirmation. They check your ID, watch you sign, and sign the jurat. They do not edit your content.
• Jurat: This is the block at the end of your affidavit. It states the date, place, and that you swore or affirmed before the official. The official signs and stamps it.
• Exhibits: These are your attachments, like emails or bank statements. You label them A, B, C, and so on. The Commissioner or Notary marks each with an exhibit stamp or note.
• Service: This means delivering a copy of your filed affidavit to every other party. Use a permitted method. Keep proof that you served it.
• Filing: This is submitting your affidavit to the court. You get a filed stamp or confirmation. File before the deadline in your case.
• Notice of Application (or Hearing Notice): This is the document you received. It tells you what the other side wants and the hearing date. Your Affidavit in Response addresses those requests.
• Cross-Examination: The other party can question you on your affidavit. This can happen before the hearing or by leave. Your answers can become part of the record.
• Hearsay: This is what you heard from someone else rather than saw yourself. The court may give it less weight. If you must include it, name the source and context.
• Relief Sought: These are the orders the other side wants. Your affidavit should speak to each request. Say why the order should or should not be made.
• Material Facts: These are facts that matter to the court’s decision. Keep your affidavit focused on material facts. Leave out opinions and argument.

FAQs

Do you need to file an Affidavit in Response if you agree with the application?

If you fully agree, you can say so in your affidavit. Confirm the orders you do not oppose. If you want the court to hear from you, file and serve it. If you choose not to file, the court may proceed on the other party’s evidence only. If you need any terms adjusted, file an affidavit and explain why.

Do you need a Commissioner for Oaths or a Notary Public?

Yes. You must swear or affirm the affidavit in front of an authorized official. They must witness your signature. You cannot witness your own affidavit. Bring valid photo ID and all exhibits already labeled and attached.

Do you have to attach exhibits, or can you just describe them?

Attach key documents you rely on. The court gives more weight to proof than descriptions. Label exhibits in order of reference. Make sure each is clear and legible. If an exhibit is long, attach only the relevant pages and identify the pages you rely on.

Do you include everything you want the court to consider in this one affidavit?

Include all facts and exhibits needed to answer the application. Your affidavit is your evidence for the hearing. If you miss something material, the court may not consider it. If you later discover new facts, you may file a supplemental affidavit if allowed. Do not rely on speaking to facts not in your affidavit.

Do you address new issues that were not in the application?

Stay focused on the issues raised. If you want different orders, consider a separate application. If you include new issues in your affidavit, the court may disregard them. The judge may treat them as outside the scope of the hearing.

Do you need to attend the hearing if you filed an Affidavit in Response?

Usually, yes. Your attendance helps answer questions and address timing or terms. The hearing notice will show if attendance is required. If you cannot attend, arrange an alternative early. Tell the other side and the court as allowed.

Do you have to serve your Affidavit in Response on every party?

Yes. Serve all parties involved in the application. Use a permitted method. Some cases allow email service if the other side agrees or the rules allow it. Keep proof of service, such as an Affidavit of Service or delivery receipt.

Can you fix a mistake after swearing your affidavit?

Yes. Prepare a corrected or supplemental affidavit. Explain what changed. Do not alter a sworn affidavit. File and serve the new affidavit. Do this as soon as you discover the error. If the error is minor, you may explain it at the hearing, but written correction is better.

What happens if you file late?

The court may refuse to consider your affidavit. The hearing may proceed without your evidence. You may need permission to file late. Contact the other side to see if they consent to new timelines. Act quickly and document your efforts.

Can you include screenshots and texts as exhibits?

Yes. Export messages with dates and names visible. Avoid selective editing. Provide enough context for the court to understand the exchange. Add a brief cover page stating what the exhibit is and the date range.

Checklist: Before, During, and After the Affidavit in Response

Before signing

• Read the application and hearing notice. List each issue and order requested.
• Confirm your deadline to file and serve. Leave time for commissioning.
• Gather documents: emails, letters, contracts, statements, photos, texts, calendars, logs.
• Identify witnesses or sources for any information not from you.
• Draft an outline: timeline, key facts, one topic per paragraph.
• Write in the first person. Use numbered paragraphs.
• Remove opinions and argument. Stick to facts you know.
• Select exhibits that prove each key fact. Mark them A, B, C, and so on.
• Prepare an exhibit list with titles and dates for your own tracking.
• Print exhibits or compile clear PDFs. Ensure legible text and dates.
• Check names, file number, and case style match the court file.
• Confirm your address for service, phone, and email are current.
• Book a Commissioner for Oaths or a Notary Public. Ask about fees.
• Bring government ID. Bring every page of your affidavit and exhibits.
• Leave blank the jurat section until you are with the official.

During signing

• Confirm every page is present and in order before you swear.
• Verify your name, file number, and case style are correct.
• Confirm the place and date will be correctly shown in the jurat.
• Choose oath or affirmation. The official must witness you signing.
• Initial any handwritten corrections. The official should initial too.
• Ensure every exhibit is attached and labeled in sequence.
• The official should mark each exhibit and sign the jurat.
• Do not staple or separate pages contrary to clerk instructions.
• Keep paragraphs short and factual. No blanks or stray notes.
• Ask for extra signed copies if needed for serving.

After signing

• File your affidavit with the court before the deadline.
• Pay any filing fee. Get a filed stamp or electronic confirmation.
• Make a complete set for yourself: affidavit plus exhibits.
• Serve filed copies on every party by an approved method.
• Complete and keep proof of service for each party.
• Calendar the hearing date and any cross-examination dates.
• Prepare a hearing package: your affidavit, exhibits, and the other side’s materials.
• Bring two extra copies to the hearing in case the court asks.
• Store the original in a safe place. Keep digital backups.

Common Mistakes to Avoid

• Leaving out the file number or using the wrong case style. The court may reject your filing or misfile your document. Don’t forget to copy the file details exactly as shown in your last court document.
• Arguing instead of stating facts. Judges rely on evidence, not opinions or rhetoric. Don’t forget to give dates, places, amounts, and who said what. Save submissions for the hearing.
• Missing or unreadable exhibits. Unsupported claims carry little weight. Don’t forget to attach clear, complete exhibits. Make sure dates and sender details are visible.
• Late filing or service. The court may not consider your affidavit. Don’t forget to check your timeline from the hearing notice and build in time for commissioning and delivery.
• Hearsay without context. Unattributed quotes or second-hand claims may be ignored. Don’t forget to name the source, date, and how you learned the information, or avoid hearsay where possible.
• Combining multiple topics in one paragraph. This makes it hard to follow and to cross-examine. Don’t forget to use short, numbered paragraphs, one topic at a time.

What to Do After Filling Out the Form

Arrange commissioning

• Book a Commissioner for Oaths or a Notary Public. Bring ID.
• Attend with the unsigned affidavit and all exhibits attached and labeled.
• Swear or affirm and sign in front of the official.
• Confirm the jurat shows the correct date and place. Ensure the official signs and stamps each exhibit.

File with the court

• File the complete affidavit package. Include all exhibits.
• Check that the clerk accepts the format and page order.
• Obtain proof of filing, such as a filed stamp or receipt.
• If filing electronically, save the confirmation immediately.

Serve the other parties

• Serve filed copies on every party. Use a permitted method.
• Meet any service deadlines based on the hearing date.
• Keep proof of service. Use an Affidavit of Service or delivery receipts.

Prepare for the hearing

• Review the other side’s materials when received. Note any gaps or errors.
• Prepare brief speaking notes tied to your affidavit paragraphs.
• Tab your exhibits. Add page numbers or bookmarks for quick access.
• Bring copies of key exhibits separately for easy reference.

Handle cross-examination

• If cross-examination is requested, cooperate on scheduling.
• Bring a copy of your affidavit and exhibits. Answer truthfully and directly.
• Ask for a transcript if one is created. Keep it with your file.

Amendments or supplemental evidence

• If you find an error, prepare a corrected or supplemental affidavit.
• Keep it focused on the new fact or correction.
• File and serve it as soon as possible. Explain late delivery if needed.

Distribute and store

• Keep a complete, filed copy for your records.
• Keep exhibits organized with labels matching your affidavit.
• Store digital copies securely. Back them up.
• Maintain your proof of service. You may need it at the hearing.

Day of the hearing

• Arrive early. Bring your filed affidavit, exhibits, and notes.
• Have an extra copy for the court and the other side if needed.
• Listen for the judge’s questions. Refer to paragraph numbers and exhibit letters.
• Take notes on any directions or timelines you must follow.

After the hearing

• Get a copy of any orders made. Review for accuracy.
• Calendar any new dates for future steps or filings.
• Follow any directions the judge gave about further affidavits or materials.

If the matter settles

• Confirm the settlement terms in writing.
• If required, prepare any consent materials.
• Withdraw or adjourn the application as directed.

If your affidavit was not considered

• Ask what the court needs to accept it, if that is allowed.
• Correct the issue promptly. Refile and reserve as needed.
• Request new dates only in line with the court’s process.