Form 49 – Affidavit – Generic (Alberta)

Jurisdiction: Country: Canada | Province or State: Alberta

What is a Form 49 – Affidavit – Generic (Alberta)?

Form 49 is the standard affidavit format used in Alberta’s superior court. It is the form you use to give evidence in writing under oath or affirmation. You sign it before a Commissioner for Oaths or a Notary Public. The court then treats the sworn content as your evidence. It is “generic” because it suits many civil, family, and surrogate matters.

You use this form to set out facts you know first-hand. You can also include facts you learned from someone else. When you do, you must name the source and say you believe the information to be true. The affidavit can attach documents, photos, emails, texts, invoices, or other records. These are called “exhibits.” You refer to each exhibit in your affidavit and mark it with a letter.

Who typically uses this form?

Self-represented parties, lawyers, witnesses, corporate representatives, property managers, accountants, and investigators. If a judge or master will decide something based on written evidence, you will likely need an affidavit. It supports applications, motions, and procedural steps. Common examples include applications for interim relief, default judgment, summary judgment, or procedural orders.

You may need this form to prove key facts quickly. Live witnesses do not usually appear on short applications. The court relies on affidavit evidence instead. Your affidavit gives the court the who, what, when, where, and how. It should be clear, relevant, and concise. It should avoid argument and law. Save argument for your brief or for oral submissions.

Typical usage scenarios include:

• You apply for an order and must show the facts. You swear an affidavit to set out the timeline and attach proof.
• You oppose an application and must explain your side. You file a responding affidavit with exhibits.
• You need to prove service of documents, damages, or compliance with an order. You swear an affidavit that attaches proof.
• You act for a company. You swear an affidavit as an officer or employee with knowledge of the records or events.
• You need the court to allow “substitutional service.” You explain your attempts to serve and why alternate service is needed.
• You seek interim parenting, support, or protection orders. You outline the history, current circumstances, and attach relevant records.
• You ask for procedural relief, like more time or leave to amend. You explain the facts that justify the request.

In short, use Form 49 to place sworn facts and supporting documents before the court in a clear, organized way.

When Would You Use a Form 49 – Affidavit – Generic (Alberta)?

You use a Form 49 whenever the court will decide an issue based on written evidence. That includes most chambers applications. If you are a tenant seeking return of a security deposit in superior court, you will likely support your claim with an affidavit. If you are a landlord seeking possession or arrears in that court, you set out the lease, the defaults, and the notices in an affidavit. If your matter is assigned to a different tribunal, that forum may use a different form. If your claim sits in the Court of King’s Bench, Form 49 is the expected format.

Business owners use this form to verify contracts, invoices, and delivery records. They attach statements of account, purchase orders, or email confirmations as exhibits. Contractors use it to prove change orders, site conditions, and payment holdbacks. Insurers use it to outline coverage issues and attach policies. Lenders use it to prove a loan, default, and outstanding balance. Borrowers use it to show payments and disputes.

In family files, you will use an affidavit for many interim requests. You might explain parenting schedules, incidents, and safety concerns. You might attach messages, school notes, or police reports. You might verify financial disclosure received or missing. You keep the focus on facts, not opinions. You avoid naming children unless required. You redact personal identifiers unless necessary.

If you seek an emergency or without notice order, you must give full and frank disclosure. Your affidavit lays out the urgency and the risk of harm if you must wait. You attach proof to back up each claim. You confirm what the other side would say if they were present, as best as you can.

If you seek summary judgment, your affidavit becomes central. You set out the material facts and attach key documents. You avoid disputes of fact where possible. You explain why there is no genuine issue for trial. If you oppose summary judgment, your responding affidavit shows the real disputes. You attach records that show why a trial is needed.

If you need a procedural order, such as extending a deadline, you explain the delay. You note earlier steps, attempts to comply, and any prejudice. The court uses your affidavit to decide whether to grant relief.

You also use this form to prove service. You describe how, when, and where you served documents. You attach a copy of what you served. If you hired a process server, they swear the affidavit instead. If you tried but could not serve, you swear to your attempts and ask for alternate service.

In probate or surrogate matters, affidavits verify the will, death, assets, and beneficiaries. In civil claims, affidavits verify damages, losses, and interest calculations. In judicial review, affidavits provide the record if permitted and relevant.

In each situation, the theme is the same. The court needs sworn facts and proof in an orderly package. Form 49 delivers that.

Legal Characteristics of the Form 49 – Affidavit – Generic (Alberta)

A Form 49 is sworn or affirmed evidence. It is not a contract. It does not bind parties like an agreement. But it is legally significant. The court may rely on it to make orders that affect rights and obligations. If you swear a false affidavit, you may face penalties. That can include perjury charges, contempt findings, cost sanctions, or adverse credibility findings.

What makes it effective as evidence?

1. You swear or affirm the truth before an authorized official. In Alberta, that includes a Commissioner for Oaths in and for Alberta or a Notary Public. The official confirms your identity and that you took an oath or affirmation. They complete the jurat, which states the place, date, and their authority. If the official is a Commissioner for Oaths, they include their expiry date. This process gives the affidavit formal credibility.
2. The form requires numbered paragraphs with clear facts. You focus on what you saw, did, or know. You can include information from others if you identify the source and say you believe it. This is called information and belief. For many interim applications, the court accepts this kind of evidence. At trial, hearsay rules may be stricter.
3. Exhibits anchor your statements to documents and records. Each exhibit must be marked and linked to a paragraph. The commissioner or notary must sign or stamp each exhibit’s first page. The exhibit label or stamp should say it is the exhibit referred to in your affidavit and include the date and signature of the official.
4. Relevance controls what belongs. Keep facts tied to the issues the court will decide. Do not include insults, speculation, or legal argument. The court may strike improper content. It may draw negative inferences if you omit key facts.
5. Formality and integrity matter. Use the correct style of cause, court file number, and judicial centre. Use your full legal name, address, and occupation. If you swear on behalf of a corporation, identify your role and how you have knowledge. If you rely on business records, say how the records are kept in the normal course of business.

If you sign outside Alberta, you must swear before an official authorized where you are. A Notary Public is acceptable in most places. The court must be satisfied the oath or affirmation is valid. If your affidavit is not in English, provide a sworn translation or an interpreter’s affidavit. If you cannot read, the official must read the affidavit to you, or confirm it was read to you, and note that in the jurat.

Privacy is a live concern. Do not include personal numbers unless necessary. If you must include account numbers or sensitive details, consider partial redactions. The court file may be public. Family files may have limits, but treat all content as potentially accessible.

Timelines and service rules govern how and when you use affidavits. You must file and serve your affidavit within the deadlines for your application. The other side must have a fair chance to respond. Late affidavits can be rejected or lead to adjournments and costs.

In sum, a Form 49 carries weight because it is sworn, structured, relevant, and supported by exhibits. It is admissible evidence for many pre-trial steps. Treat it with care and accuracy.

How to Fill Out a Form 49 – Affidavit – Generic (Alberta)

Follow these steps to complete a Form 49 that the court can use.

1) Confirm you need an affidavit

• Identify the issue the court will decide.
• Check the notice of application or scheduling order.
• Confirm an affidavit is required and note any deadlines.

2) Gather your facts and documents

• List the key events in date order.
• Pull emails, letters, texts, invoices, photos, and logs.
• Decide which documents you will attach as exhibits.
• Keep only what is relevant to the issue before the court.

3) Prepare the style of cause

• Use the exact court file number shown on prior documents.
• Use the correct court name and judicial centre.
• Match party names and roles (Plaintiff/Defendant or Applicant/Respondent).
• Ensure spelling and order of parties are consistent.

4) Identify the deponent

• Insert your full legal name, municipal address, and occupation.
• If you swear for a company, state your position and authority.

Example: “I am the Controller of ABC Ltd. and have access to its records.”

5) Choose oath or affirmation

• Decide whether you will swear an oath or affirm.
• The form allows “MAKE OATH AND SAY or SOLEMNLY AFFIRM AND SAY.” One will be struck out.
• Both are equally valid. Choose what you prefer.

6) Draft the body with numbered paragraphs

• Use short, numbered paragraphs.
• One fact or small set of related facts per paragraph.
• Write in first person. Example: “On March 3, 2025, I met Ms. Lee.”
• Use plain language. Avoid adjectives and speculation.

7) State the source of non‑personal knowledge

• When relying on others, identify your source and belief.

Example: “Based on information from John Patel, the site manager, which I believe to be true.”

• Explain why the source is reliable if that will help.

8) Link and label exhibits

• Refer to exhibits in the paragraph where you discuss them.

Example: “A true copy of the invoice is attached as Exhibit ‘A’.”

• Mark exhibits with letters in order: A, B, C, etc.
• For multi-page exhibits, add page numbers or a brief index if helpful.
• Avoid duplication. Attach a document once and refer back to it later if needed.

9) Use dates, amounts, and specifics

• Include full dates, times, and amounts wherever possible.
• Avoid vague words like “recently” or “about” unless necessary.
• If you estimate, say so and explain the basis.

10) Keep argument out

• Do not argue law or attack credibility.
• Focus on facts and records.
• Save argument for your brief or oral submissions.

11) Add any necessary schedules

• If you have long lists (transactions, calls), attach them as a schedule or exhibit.
• Summaries can help the court. Ensure the underlying records are available.
• State how you prepared the summary and the sources you used.

12) Review for completeness and tone

• Confirm you covered each element the court needs.
• Check that dates and amounts match your exhibits.
• Remove duplicative or irrelevant material.
• Use respectful, neutral language.

13) Prepare the jurat block

• Leave space at the end for the jurat (the swearing clause).
• The jurat must include the place (city/town), province, and date.
• The Commissioner or Notary will complete and sign it.

14) Arrange commissioning

• Appear before a Commissioner for Oaths in and for Alberta or a Notary Public.
• Bring government photo ID and the unsigned affidavit.
• Do not sign until the official instructs you to sign.
• The official will verify your identity and ask you to swear or affirm.

15) Sign and initial correctly

• Sign in the presence of the official.
• Initial each page in the bottom corner.
• The official will sign the jurat and print or stamp their name and authority.
• If the official is a Commissioner for Oaths, they must show their expiry date.

16) Commission the exhibits

• The official must sign or stamp the first page of each exhibit.
• The exhibit stamp or label should state: “This is Exhibit ‘__’ referred to in the affidavit of [name] sworn [date].”
• Ensure the exhibit letter matches your references in the affidavit.

17) If using remote commissioning

• Confirm the official can commission remotely and follows required procedures.
• Ensure clear video connection, identity confirmation, and that the same document is signed.
• Follow any instructions to exchange original signature pages after the session.

18) Make copies

• Create a clean, readable copy for filing and service.
• Keep the original safe. The court may require the original if you filed a copy.
• Ensure exhibits are legible, not cut off, and in the correct order.

19) File and serve

• File the affidavit within the deadline for your application or response.
• Serve the filed or file-stamped copy on all other parties as the Rules require.
• Use the method of service permitted for your application.
• Keep proof of service for the file and to show the court if needed.

20) Prepare to answer questions about your affidavit

• Be ready to explain any paragraph and any exhibit.
• In some cases, the other side may cross‑examine you on your affidavit.
• Bring originals or certified copies of key exhibits to any hearing, if requested.

21) Common content tips and pitfalls to avoid

• Relevance: Include facts that help the court decide the specific issue now.
• Clarity: Use headings within the affidavit for long topics (e.g., “Background,” “Events,” “Damages”).
• Chronology: Use a timeline to reduce confusion.
• Numbers: Double‑check calculations, rates, and totals.
• Hearsay: Identify the source and state your belief. Avoid hearsay for key facts if you can provide direct knowledge.
• Duplicates: Do not attach the same document multiple times.
• Privilege: Do not attach privileged material unless you intend to waive privilege.
• Redactions: Redact personal identifiers if not necessary to the issue.

22) Special scenarios

• Corporate deponent: State your role, how you know the facts, and that records are kept in the ordinary course of business.
• Expert input: If you rely on expert content, attach the relevant report and identify the expert. Consider whether formal expert rules apply.
• Interpreter needed: Arrange for an interpreter and a separate interpreter’s affidavit if required.
• Out‑of‑province signing: Use a Notary Public or equivalent where you are. Ensure the jurat reflects the correct location and official’s authority.

23) Updating or correcting an affidavit

• If you find an error, prepare a new supplemental or corrected affidavit.
• Do not alter a sworn affidavit. Never use correction fluid or edits after commissioning.
• In your new affidavit, identify the correction and provide the correct fact with any supporting exhibit.

24) Length and formatting

• Aim for concise, complete content. Quality over volume.
• Use standard fonts and readable spacing.
• Number the pages and exhibits clearly.
• Avoid color‑dependent highlighting. Use brackets or underlining sparingly.

What the court wants to see is simple. Clear, relevant facts tied to proper exhibits, sworn correctly, and filed on time. If you follow these steps, your Form 49 will give the court what it needs to decide your application.

Legal Terms You Might Encounter

• Deponent means you, the person making the affidavit. In Form 49, you identify yourself as the deponent at the start, then swear or affirm the truth of what you state.
• Commissioner for Oaths is an authorized person who can take your oath or affirmation in Alberta. You must sign Form 49 in front of a commissioner for oaths or a notary public. The commissioner prints their name, expiry date if applicable, and appointment details on the form.
• Notary Public can also take your oath or affirmation and is commonly used if you sign outside Alberta. A notary’s seal and signature go in the jurat (the signature block at the end).
• Oath and Affirmation are two ways of promising your statements are true. An oath involves a religious promise. An affirmation is a non-religious promise. In Form 49, you will swear or affirm before the commissioner or notary. The jurat will reflect which you choose.
• Jurat is the block at the end that states where and when you swore or affirmed the affidavit and before whom. It includes the date, location, your signature, and the commissioner or notary’s signature and details. The court relies on the jurat to confirm proper commissioning.
• Exhibit is any document, photo, email, or other item you attach to support your statements. In Form 49, you label exhibits with letters (A, B, C). Each exhibit should have an exhibit stamp or certificate signed by the commissioner or notary, and you should refer to each exhibit in the body of your affidavit.
• Style of Cause is the case caption at the top. It names the court, the parties, and the court file number. Form 49 uses the style of cause for your case so the clerk can place your affidavit in the right file.
• Court File Number is the number assigned to your case. You place it at the top of Form 49 with the style of cause. If you do not have a number yet, leave it blank only if instructed by the clerk.
• Hearsay is something you state that you did not see or experience yourself, but learned from someone else. In affidavits, you should stick to facts you know personally. If you must include second-hand information, identify the source and why you believe it to be true, and only if the rules or the judge allow it for your purpose.
• Perjury is the criminal offence of lying under oath or affirmation. When you sign Form 49, you make a legal promise that the contents are true. False statements risk court penalties and criminal charges.

FAQs

Do you need a lawyer to complete Form 49?

No. You can draft your own affidavit. That said, a lawyer can help you decide what facts matter, how to word them, and how to structure exhibits. If your affidavit will be challenged, getting advice can save time and reduce risk.

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

Yes. You must sign Form 49 in the presence of a commissioner for oaths or a notary public. Do not sign it beforehand. Bring identification, and plan for the commissioner to administer an oath or affirmation.

Do you have to attach exhibits?

Only if you refer to documents or items. If your affidavit mentions an email, a contract, photos, or statements that support your facts, attach them as exhibits. Label each exhibit and refer to it in your numbered paragraphs so the reader can match your statements to the proof.

Do you need to number paragraphs?

Yes. Numbered paragraphs make your affidavit clear and easy to reference in court. Use short paragraphs. Keep one main point per paragraph. This helps the judge, the clerk, and the other side find what they need quickly.

Do you have to initial each page and exhibit?

You should initial each page of the affidavit and each exhibit. The commissioner or notary should also initial or sign the exhibit certificate. This helps prevent changes after signing and avoids filing issues.

Do you need the original ink-signed affidavit for filing?

File according to the court’s current practices. Some registries accept electronic filing. Even if you file electronically, keep the original ink-signed affidavit with the wet seal and signatures. You may need to produce it later.

Do you need to serve your affidavit on the other side?

Yes, if you plan to rely on it in an application or other step. Serve it on every party and follow any deadlines. Include exhibits. Keep proof of service, such as a delivery receipt or an affidavit of service.

Do you have to swear on a religious text?

No. You can affirm instead of swearing. The legal effect is the same. Tell the commissioner which you prefer before you sign.

Checklist: Before, During, and After the Form 49 – Affidavit – Generic (Alberta)

Before signing

• Confirm the style of cause and court file number match your case.
• Gather the key facts: dates, names, places, and amounts.
• Collect supporting documents. Print clean copies for exhibits.
• Label exhibits in order (A, B, C) and mark page numbers.
• Draft clear, numbered paragraphs. Use plain facts, not arguments.
• Remove hearsay unless clearly allowed and attributed to a named source.
• Set an appointment with a commissioner for oaths or notary public.
• Bring government-issued ID and a pen with dark ink.
• Print the affidavit and exhibits single-sided for stamping and filing.
• Check for confidential information. Redact non-essential personal data if allowed.
• Leave the signature line blank until you are in front of the commissioner.

During signing

• Confirm your full legal name, address, and occupation are accurate.
• Ensure the date and location in the jurat are correct.
• Tell the commissioner if you will swear or affirm.
• Sign the affidavit only in front of the commissioner or notary.
• Initial each page of the affidavit. Do not miss the first or last pages.
• Attach exhibits as you sign. The commissioner should sign or stamp each exhibit certificate.
• Ensure exhibit letters in the text match the attached exhibits.
• Check that the commissioner or notary prints their name, appointment, and expiry date if applicable, and adds a seal if required.
• Correct errors with a single line through, then initial both your correction and the commissioner’s correction. Avoid white-out.
• Leave no blanks. Fill all fields or mark “N/A” where appropriate.

After signing

• Make a clean copy set: one for filing, one for each party, and one for your records.
• File your affidavit according to the court’s rules for your case type.
• Serve a complete copy (with exhibits) on every party on time.
• Keep proof of service in your file.
• Store the original ink-signed affidavit and exhibits in a safe, dry place.
• Save a scanned, searchable PDF. Name files with the date and exhibit labels.
• Calendar any next steps, such as hearing dates and deadlines for reply affidavits.
• If you discover a material error, prepare a new or supplementary affidavit. Do not alter the signed original.
• Bring the original to court if required.

Common Mistakes to Avoid

• Don’t forget to sign in front of a commissioner or notary. If you sign alone, the court can reject your affidavit. You may face delays, extra costs, and missed deadlines.
• Don’t mismatch exhibits and references. If your text refers to Exhibit “B” but you attach it as “C,” your evidence becomes confusing. The court may give it less weight or refuse to consider it.
• Don’t include argument or speculation. An affidavit is for facts you know. Argument belongs in a brief or oral submissions. Mixing opinions with facts hurts your credibility and can lead to parts of your affidavit being struck.
• Don’t alter the affidavit after commissioning. Adding a sentence or swapping a page after signing is improper. The court may discard the affidavit, and you could face sanctions. Use a fresh affidavit to correct or add facts.
• Don’t ignore confidential information. Exposing unnecessary personal data can risk privacy and safety. Redact what is not required by the court and follow any rules about sealing or confidentiality.

What to Do After Filling Out the Form

1. File the affidavit with the court handling your case. Use the correct courthouse location indicated in your style of cause. Follow the filing method in place for your case type. If electronic filing is used, keep the original ink-signed document.
2. Serve the affidavit and exhibits on every other party. Do this within any set timelines. Use a reliable delivery method that provides proof. If your case requires an affidavit of service, complete that after you serve.
3. Prepare a hearing or application package if needed. This may include a notice of application, your Form 49 affidavit with exhibits, a brief, and any authorities. Keep your package organized and paginated for easy reference.
4. Track deadlines for response affidavits or cross-examinations. The other side may file a responding affidavit. You may need to reply by affidavit within a set period. Put key dates in your calendar and set reminders.
5. Bring the original to any cross-examination on your affidavit. If the other side requires your cross-examination, attend with the original and the exhibits. Answer based on your personal knowledge. If you do not know, say so.
6. Correct mistakes with a new or supplementary affidavit. Do not write on the original after commissioning. If you missed a fact or need to clarify, prepare another sworn or affirmed affidavit. Refer to the earlier affidavit by date and explain the correction or addition.
7. Withdraw or replace an affidavit if strategy changes. If you no longer want the court to consider your affidavit, ask about the proper way to replace it in your situation. Often you will file a new affidavit and proceed with that version.
8. Protect sensitive material. If your affidavit includes sensitive items, consider whether you need redactions or a request to limit public access. Follow the court’s rules for confidential filings.
9. Keep your records organized. Store the original, filed-stamped copies, proof of service, and email confirmations together. Keep a digital set with consistent file names, such as “YYYY-MM-DD Affidavit [Your Last Name] + Exhibits A–D.”
10. Prepare for court. Review your affidavit before any hearing. Know your exhibit letters and page numbers so you can direct the judge quickly. Bring a binder with tabs for each exhibit.
11. Plan your next steps. If your affidavit supports an application, confirm the hearing date, time, and location. If it supports a settlement discussion, share the filed copy with the other side and be ready to answer questions about your exhibits.