PC Form 7 – Affidavit (Manitoba)

Jurisdiction: Country: Canada | Province or State: Manitoba

What is a PC Form 7 – Affidavit (Manitoba)?

PC Form 7 is the Provincial Court of Manitoba’s standard affidavit form. It is a sworn or affirmed written statement of facts that you sign before a commissioner for oaths or notary public. Courts rely on affidavits when they need clear, concise facts presented in writing rather than live testimony. The form gives you a structured way to set out what happened, when it happened, and how you know it happened.

You use this form in Provincial Court matters, most often in Small Claims or in the Family Division. It can also be used in related procedural steps, such as proving service of documents or explaining why you missed a deadline. Lawyers use it to put a client’s evidence before the court on a motion. Self-represented parties use it to support requests for orders, such as default judgment or substituted service. Process servers use it to prove that a document was served. Business owners use it to support claims for unpaid invoices. Landlords use it to confirm rent arrears or property damage. Parents use it to set out parenting facts or child support information when the Provincial Court has jurisdiction over their case.

You would need this form whenever the court requires evidence in writing. If you are asking the court for an order based on documents rather than oral evidence, an affidavit is the vehicle for your facts. The court cannot rely on argument alone. It needs sworn facts. PC Form 7 ensures your affidavit contains the right pieces: your identity, your personal knowledge, numbered facts, properly marked exhibits, and a valid jurat (the commissioning block).

Typical usage scenarios:

• Default judgment applications in Small Claims.
• Motions to set aside or vary an order.
• Requests to adjourn.
• Motions for substituted service when you cannot find the other party.
• Proof of service for any document you delivered.

In family matters within the Provincial Court:

• Support interim relief.
• File income details.
• Set out parenting circumstances.

In all cases, the court expects concise, factual statements tied to reliable documents where possible.

When Would You Use a PC Form 7 – Affidavit (Manitoba)?

You use PC Form 7 when you need to present facts to the Provincial Court on paper. If you are seeking a Small Claims default judgment because the defendant did not respond, you would file an affidavit confirming the debt amount, the due date, payments received, and how you calculated the balance. If you served the claim on the defendant, you would attach your service details and the proof of service as an exhibit, then explain the steps you took and when.

If you are a landlord asking for an order related to rent arrears, you would use the affidavit to outline the tenancy dates, the monthly rent, the payments received, the arrears period, and any notices given. You would attach the lease, payment ledger, and relevant letters as exhibits, and you would reference them clearly in your affidavit.

If you are a small business owner seeking payment for goods or services, your affidavit would set out the contract terms, the delivery or completion date, the invoice numbers, and what remains unpaid. You would attach the contract, invoices, delivery confirmations, and account statement as exhibits, and you would explain how the total is calculated.

If you are asking for substituted service because you cannot locate the other party, your affidavit would detail all the attempts you made to serve them. You would list dates, addresses, calls, emails, and searches. You might attach returned mail, email bounces, or search results as exhibits. The court uses those facts to decide whether an alternative method of service is reasonable.

In Provincial Court family matters, if you seek an interim order about parenting or child support, the affidavit presents your factual background. You would describe the children’s schedules, who has cared for them, and any urgent concerns. For support, you would attach pay stubs or tax slips and explain your current income. You would keep your statements factual and avoid argument. The affidavit is not a place for opinions or legal submissions.

You may also use PC Form 7 to prove service of any court document. A process server or any adult who served the document can swear an affidavit stating when, where, and how service occurred. The court relies on that sworn statement to confirm proper service.

Legal Characteristics of the PC Form 7 – Affidavit (Manitoba)

An affidavit is sworn or affirmed evidence. It is legally binding because you are giving evidence under oath or affirmation, which carries the same weight as testimony in court. If you knowingly include false statements, you expose yourself to serious penalties. The court treats the contents as evidence when it considers motions, applications, and procedural requests.

Enforceability comes from correct commissioning and proper form. You must sign the affidavit in front of a commissioner for oaths or a notary public who is authorized in the place where you sign. The commissioner completes the jurat, which includes the location, date, and their name and authority. Without a valid jurat, the court will not accept the affidavit as sworn evidence. Exhibits must be properly marked and linked to your paragraphs. Each exhibit needs an exhibit certificate or stamp signed by the commissioner. These formalities let the court trust the document.

Your affidavit should be based on personal knowledge. If you include information you learned from someone else or from documents, say so and name the source where possible. Some motions allow information and belief. Others require personal knowledge. The court assigns more weight to first-hand facts. Hearsay may be allowed for procedural matters but not for key disputed issues. Keep your statements precise, dated, and connected to attached records to help the judge rely on them.

The affidavit is not a contract and does not create new obligations by itself. It does not replace live testimony at trial unless the court orders otherwise. It is one piece of the record that guides interim decisions. The court can strike improper parts, such as argument, opinion, irrelevant details, or confidential information that should be redacted. The court can also require you to attend for cross-examination on your affidavit if the rules or an order allow it.

If you sign outside Manitoba, you should have it notarized or commissioned by someone authorized in that place. The jurat must show their title and location. The court needs to see that the person had authority to administer oaths in the jurisdiction where you signed. If an interpreter helps you, there should be an interpreter’s certificate confirming the interpretation was accurate and that you understood the contents.

How to Fill Out a PC Form 7 – Affidavit (Manitoba)

1) Confirm you need an affidavit

Decide whether your request needs sworn facts. Common uses include default judgment, substituted service, adjournments, and proof of service. If the court has asked for evidence in writing, this is the right form.

2) Identify the correct court and centre

At the top, write “Provincial Court of Manitoba.” If your case is in Small Claims or the Family Division, include that division. Add the judicial centre (for example, Winnipeg, Brandon, or another listed centre where your file is located). Use the same centre as shown on your existing documents.

3) Add the file number and style of cause

Copy the court file number exactly from your earlier documents. For the parties, use the same style of cause. In Small Claims, you typically list the claimant and defendant. In family matters, list the applicant and respondent. Keep names consistent and use full legal names.

4) Identify yourself as the deponent

In the opening lines, state your full name, address, and occupation. If you are signing for a business, state your job title and confirm you have authority to swear on the business’s behalf. If you are the process server, state that role and how you are connected to the case.

5) Choose oath or affirmation

You can swear an oath (religious) or make a solemn affirmation (non-religious). Both have the same legal effect. Tell the commissioner which you prefer. The jurat will reflect your choice. Do not sign yet. You must sign in front of the commissioner.

6) Draft the facts in numbered paragraphs

Write in first person using clear, short sentences. Each paragraph should cover one fact or a small group of related facts. Put events in chronological order. Use dates, amounts, and names. Avoid adjectives and opinions. If you learned something from another person or from documents, say so and name the source. Example: “On May 3, 2024, I delivered invoice 1023 to the defendant. A true copy is attached as Exhibit A.”

7) Link referenced documents as exhibits

When you mention a document, plan to attach it as an exhibit. Label exhibits alphabetically: Exhibit A, Exhibit B, and so on. In your text, identify the exhibit and describe what it is. For example: “A true copy of the signed contract is attached as Exhibit B.” Make sure the exhibit you attach actually matches your description.

8) Prepare the exhibits correctly

Attach a clean copy of each exhibit behind the affidavit. The commissioner should place an exhibit certificate or stamp on the first page of each exhibit. The certificate usually states the exhibit letter, the affidavit’s deponent name, and the date sworn. The commissioner signs that certificate. You and the commissioner should initial each page of the exhibit if required. Keep exhibits in the same order you reference them.

9) Include corporate or agency authority, if applicable

If you speak for a corporation or partnership, add a paragraph stating your position and how you know the facts. Example: “I am the accounts manager for ABC Ltd. I have access to the company’s billing records and knowledge of the account in issue.” This shows the court why your statements carry weight.

10) Add service details, if applicable

If your affidavit proves service, include specific details. State the date, time, and exact location. Describe the person you served, how you identified them, and what you handed over. If you served by an alternative method under an order, quote the order’s terms and confirm how you complied. Attach a copy of the served document and any delivery proof as exhibits.

11) Use schedules for lengthy lists

If you need to include a long ledger, message thread, or timeline, put the detail in a schedule and summarize it in the main paragraphs. Label the schedule clearly (for example, “Schedule A – Payment Ledger”) and reference it in your affidavit. This keeps the main text readable while preserving detail.

12) Review for relevance and privacy

Remove arguments and opinions. Stick to relevant facts. Redact sensitive numbers like SINs and full account numbers, leaving only the last four digits. If you must include sensitive information, consider whether a sealing request is needed. Keep attachments legible and complete.

13) Page number and finalize the draft

Number each page of the affidavit. Check that exhibits are labelled and in order. Make sure every paragraph number appears and cross-references the correct exhibit letter. Verify dates, amounts, and names. Correct any typos with neat strikeouts and initials, or reprint a clean copy.

14) Arrange commissioning

Bring valid photo ID to a commissioner for oaths or notary public. Do not sign the affidavit until you are in front of them. The commissioner will confirm your identity, administer the oath or affirmation, watch you sign, and complete the jurat with the location and date. They will sign and print their name and authority. If you use an interpreter, the interpreter should sign a certificate stating they accurately interpreted the contents.

15) Signatures and jurat

Sign your name on the signature line for the deponent. The commissioner completes the jurat. The jurat should include:

• The place (city/town and province) where you signed.
• The date you swore or affirmed.
• The commissioner’s signature, printed name, and appointment title.
• Any required appointment number or expiry, if applicable.

The jurat must match the date you signed. Do not predate or postdate.

16) Cross-check exhibits after commissioning

Confirm that each exhibit has the commissioner’s exhibit certificate or stamp and signature. Confirm the exhibit letters match your references in the affidavit. Make sure every page is present and legible.

17) Make copies

Keep the original for filing. Make at least two copies: one for your records and one for service on the other party. If the court requires extra copies (for the judge or for endorsement), make those as well. Copies should include all exhibits.

18) File the affidavit with the court

File at the correct court office for your judicial centre. Use the existing file number. If a fee applies to your motion or application, pay it at filing. Ask the clerk about timelines for hearing dates and any requirements for filing deadlines before a hearing.

19) Serve the other party, if required

If the rules or a court direction require service, deliver a filed copy to the other party by an approved method. Keep proof of service. If you cannot serve in time, you may need an affidavit explaining why and asking for an extension or an adjournment.

20) Prepare for questions or cross-examination

The other party may challenge your affidavit. Be ready to explain how you know the facts. Bring originals of key documents to court. If the court allows cross-examination on affidavits, you may be required to attend and answer questions.

21) Common pitfalls to avoid

Do not sign outside a commissioner’s presence. Do not leave blanks. Do not mix argument into the facts. Do not attach illegible exhibits. Do not rely on hearsay for crucial issues without identifying sources. Do not alter the affidavit after commissioning. If you find an error, prepare a new sworn affidavit.

22) If signing outside Manitoba

If you are outside Manitoba, sign before a notary public or another person authorized to administer oaths in the place where you sign. Ensure the jurat states their title and location. The court needs to see that the commissioning was valid where it occurred. If a translation is needed, include a translator’s affidavit or certificate.

23) If you need more space on the form

Use continuation pages. Repeat the heading, file number, and your name at the top of each page. Continue paragraph numbering. Sign or initial each additional page when you sign before the commissioner. Attach continuation pages behind the main form, before the exhibits.

24) Updating or replacing an affidavit

If facts change, swear a fresh affidavit. If you must correct a small error, consider a short supplemental affidavit that clarifies the issue and references the earlier affidavit by date. Keep your record organized so the court can follow the sequence.

25) Keep your tone and content factual

Judges give more weight to precise, neutral facts. Avoid speculation and character attacks. Tie statements to documents wherever possible. If you lack a document, explain why and state the fact you know from direct experience. Clear, reliable evidence helps the court grant your request.

By following these steps, you will produce a valid, readable affidavit that meets Provincial Court expectations. PC Form 7 is the court’s preferred format because it captures essential details in a way the judge can trust. Focus on personal knowledge, proper commissioning, and well-marked exhibits. That approach gives your request the best chance of success.

Legal Terms You Might Encounter

• Affidavit. This is your written statement of facts that you swear or affirm are true. PC Form 7 is the affidavit you complete and sign. The court relies on it as evidence.
• Deponent. You are the deponent. You are the person who swears or affirms the affidavit. Your full legal name must appear exactly the same throughout the form.
• Commissioner for Oaths. This is a person authorized to take your oath or affirmation. You must sign PC Form 7 in front of a commissioner for oaths. Many commissioners work in law offices or government offices.
• Notary Public. A notary public can also take oaths and affirmations. A notary’s seal is often used for documents that may be used outside the province. You can use a notary if a commissioner is not available.
• Oath vs. Affirmation. An oath calls on a religious belief. An affirmation does not. Both have the same legal effect. You choose which you prefer before you sign PC Form 7.
• Jurat. The jurat is the block at the end of the affidavit where the commissioner signs. It shows the date, place, and method of commissioning (oath or affirmation). It confirms you signed in the commissioner’s presence.
• Exhibit. An exhibit is a document you attach to support your statement. Each exhibit must be identified in your affidavit text and marked by the commissioner. The commissioner labels each exhibit and signs the exhibit page.
• Style of Cause. This is the caption at the top of the form that names the court and the parties. It must match your case exactly. PC Form 7 must use the correct style of cause to link your affidavit to your file.
• Court File Number. This number identifies your case in the court system. Put it at the top of PC Form 7. If you do not have a number yet, leave it blank until you file and receive one.
• Service. Service means delivering documents to the other party. Your PC Form 7 may need to be served if it supports a motion or application. Keep proof of how and when you served it.
• Commissioning. Commissioning is the act of swearing or affirming and signing before an authorized person. It includes showing ID, confirming your understanding, and completing the jurat. PC Form 7 is not valid until commissioned.

FAQs

Do you have to sign PC Form 7 in front of a commissioner?

Yes. You must sign only in the presence of a commissioner for oaths or a notary public. Do not sign at home and bring it in. Bring valid photo ID. The commissioner will verify your identity, ask if you understand, and then witness your signature.

Do you need a lawyer to complete the affidavit?

No. You can complete PC Form 7 yourself. A commissioner or notary witnesses your signature but does not give legal advice. If you are unsure what facts matter, consider getting legal guidance before you swear or affirm.

Do you need to attach originals as exhibits?

Usually, copies are acceptable as exhibits. Keep the originals safe and bring them to any hearing. Each exhibit must be referred to in your affidavit and marked and signed by the commissioner. The exhibit label should match how you describe it in the affidavit.

Do you have to swear on a holy book?

No. You can choose to affirm instead of swearing an oath. Both carry the same weight. Tell the commissioner which option you prefer before you sign.

Do you need an interpreter?

If you are not comfortable in English or French, use a qualified interpreter. The interpreter may need to swear or affirm an interpreter declaration. Do not rely on a friend who cannot interpret accurately. Misunderstandings can weaken your affidavit.

Do electronic signatures or remote commissioning count?

Courts may accept affidavits commissioned remotely if specific conditions are met. Acceptance can change. If you plan to use remote commissioning or an electronic signature, check the current filing requirements in advance. Keep the original with wet-ink signatures if required.

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

If your affidavit supports a motion or application, you usually must serve it. Follow the timelines in your proceeding. Keep proof of service. If you do not serve it properly, the court may refuse to consider it.

Do you need to redo your affidavit if you spot an error after signing?

You cannot alter a sworn affidavit. To correct an error, prepare a new PC Form 7 that explains the correction or provides updated facts. Commission and file the new affidavit. If the error is minor, you can sometimes address it at the hearing, but a corrected affidavit is safer.

Checklist: Before, During, and After the PC Form 7 – Affidavit (Manitoba)

Before signing

• Confirm the correct court, division, and location for your case.
• Have the exact style of cause and court file number.
• Write your full legal name, address, and contact details.
• List each fact you will state, in date order where possible.
• Gather exhibits. Label them clearly and ensure legibility.
• Ensure exhibits match the facts you reference in the affidavit.
• Bring valid government-issued photo ID.
• Arrange a qualified interpreter if needed.
• Book a time with a commissioner for oaths or a notary.
• Print one-sided pages with clear margins for court stamps.
• Leave space for the jurat at the end of the affidavit.
• Review for accuracy, dates, names, amounts, and addresses.
• Remove opinions, arguments, or speculation. Stick to facts.
• Number pages and paragraphs for easy reference.
• Check any required timelines for filing and service.

During signing

• Present your ID to the commissioner or notary.
• Confirm whether you will swear an oath or affirm.
• Sign only in front of the commissioner. Do not pre-sign.
• Initial any handwritten corrections on each affected line.
• Initial each page of the affidavit if asked to do so.
• Ensure the commissioner completes and signs the jurat.
• Confirm the date, location, and your printed name are correct.
• Review that the commissioner’s stamp or seal is legible.
• Attach each exhibit behind the affidavit in the correct order.
• Ensure each exhibit has an exhibit stamp or label and signature.
• Check that exhibit labels match the references in your affidavit.
• Make a clean copy set of the signed affidavit and exhibits.

After signing

• File the affidavit with the correct court office before the deadline.
• Request a filed stamp on your copy for your records.
• Serve the other parties if your rules require it.
• Keep proof of service (receipt, acknowledgment, or affidavit of service).
• Note your hearing or return date in your calendar.
• Bring the original affidavit and exhibits to court if required.
• Store the original in a safe, organized file.
• If facts change, prepare and commission a new affidavit promptly.
• Do not disassemble exhibits after filing; keep sets intact.

Common Mistakes to Avoid PC Form 7 – Affidavit (Manitoba)

• Signing before you meet the commissioner. The court can reject your affidavit if you pre-sign. Don’t forget: you must sign only in the commissioner’s presence.
• Using opinions or arguments instead of facts. The judge may give your affidavit little weight. Stick to what you saw, did, or know first-hand. Avoid hearsay unless rules allow it in your proceeding.
• Mismatched or unmarked exhibits. If the exhibit label does not match your reference in the text, clerks may refuse filing. Mark each exhibit clearly and ensure the commissioner signs the exhibit page.
• Wrong style of cause or court file number. Mislabeling can lead to misfiling, delays, or loss of your hearing spot. Verify the caption and number against a recent court document before you sign.
• Altering the affidavit after commissioning. Any change after commissioning can invalidate the document. If you must change anything, prepare and commission a new affidavit.

What to Do After Filling Out the Form PC Form 7 – Affidavit (Manitoba)

1. Commission the affidavit. If you have not signed yet, book a commissioner or notary and complete the commissioning process. Bring ID and all exhibits. Ensure the jurat and exhibit markings are complete.
2. Make copies. Create at least two complete sets: one for filing, one for you. If you must serve other parties, make enough copies for everyone. Keep exhibits in the same order across all sets.
3. File with the correct court office. File before the deadline set by your proceeding. If the court accepts electronic filing, follow the formatting and submission rules. Ask for a filed-stamped copy for your records.
4. Serve other parties. If service is required, deliver the filed affidavit by an accepted method. Track how, when, and to whom you delivered it. Where needed, complete an affidavit of service.
5. Calendar your next dates. Note any hearing date, reply deadlines, or cross-examination windows. Late filings or service can prevent the court from considering your affidavit.
6. Prepare for questions. Read your affidavit carefully. Be ready to explain how you know each fact. Gather originals of key exhibits in case the judge asks to see them.
7. Address mistakes or updates. If you find an error or facts change, do not alter the signed affidavit. Prepare a new PC Form 7, commission it, and file and serve it as needed. Note in the new affidavit what you are correcting or updating.
8. Keep records secure. Store the original signed affidavit and exhibits in a safe place. Keep digital copies with clear file names that match the court file number and date. Bring the original to court if required.
9. Follow privacy practices. If your affidavit includes sensitive personal information, check if any redaction or confidentiality steps are needed. Use initials for non-parties where permitted and avoid unnecessary personal data.
10. Track outcomes. After the hearing or decision, note any directions about future affidavits or deadlines. If the court orders you to file further evidence, start gathering documents early.