Form 4D – Affidavit (Manitoba)

Jurisdiction: Country: Canada | Province/State: Manitoba

What is a Form 4D – Affidavit (Manitoba)?

Form 4D is the standard affidavit form used in the Manitoba Court of King’s Bench. You use it to present facts in writing. You swear or affirm those facts before a commissioner for oaths, a notary public, or a lawyer. The court treats those facts as sworn evidence.

You file a Form 4D with motions, applications, and other steps that require evidence. It is not a contract or a letter. It is an evidentiary document. It tells the court what happened, when it happened, and how you know it happened. You can attach exhibits to prove or support what you say.

You will see this form across civil, commercial, and family matters in the King’s Bench. Plaintiffs, defendants, applicants, and respondents use it. Corporate officers also use it when a company needs to give evidence. The form is flexible. It works for a simple affidavit of service and for complex injunction evidence.

You would need this form any time you must prove facts without live testimony. Courts decide many steps on written evidence. A motion for summary judgment relies on affidavits. So does an application to extend time, set aside default judgment, or validate service. In family matters, affidavits often support interim orders. In probate and estate matters, affidavits support grants and account approvals. Even in urgent cases, such as freezing orders, an affidavit is the backbone of your evidence.

Typical usage scenarios:

• A debt claim where you attach invoices.
• A service dispute where you attach a process server’s notes.
• A property dispute where you attach photos and surveys.
• You can also use a Form 4D to tell the court why you need more time, why you could not serve someone.
• Why a document should be sealed.

The same structure serves each of these situations.

When Would You Use a Form 4D – Affidavit (Manitoba)?

You use a Form 4D whenever the court needs sworn facts to decide a step in your case. If you are bringing a motion, you file a notice of motion and attach one or more affidavits. If you are responding, you file your responding affidavit. The affidavit carries the facts. The notice tells the court what order you want.

If you are a landlord or tenant and your dispute is in the King’s Bench, you may need an affidavit to support an injunction or to enforce a judgment. If your matter is before another tribunal, that body may have its own forms. In the King’s Bench, the Form 4D is the workhorse for evidence.

If you are a business owner enforcing a contract, you can use a Form 4D to introduce the contract, emails, and account statements. You explain who you are, your role, and how you keep records. You attach the contract as an exhibit. You walk the court through the timeline. You keep the content factual and clear.

If you are an individual applying for a protection order or urgent relief, you set out the incidents, dates, and supporting material. You attach police occurrence summaries if available. You include screenshots or photos if relevant. You state how you know what you know. You avoid argument. You let the facts speak.

If you are seeking a default judgment to confirm the amount owed, you explain service, the lack of response, and the calculation of the debt. You attach proof of service, invoices, and interest calculations. The affidavit provides the evidence the court needs to grant judgment.

If you are asking for substitutional service, you use a Form 4D to explain the efforts made to locate and serve the other party. You attach returned mail, skip trace results, or notes of attempts. You ask the court to allow an alternative method, such as email or posting.

If you are a contractor seeking a lien remedy, your affidavit might support an interim holdback order or a summary disposition. You include the contract, change orders, and statements of account. You show how you calculated the amount claimed. You identify who has knowledge of the records.

If you are moving to strike a claim or defend against one, you use a Form 4D to put key background facts before the judge. You attach pleadings and relevant correspondence. You keep the affidavit tight and focused on facts that matter to the legal issue.

In short, you use Form 4D when a judge must see facts in a reliable, sworn format. You use it to create a clear, chronological record. You support key points with exhibits. You avoid opinions, conclusions, and argument.

Legal Characteristics of the Form 4D – Affidavit (Manitoba)

A Form 4D affidavit is sworn or affirmed evidence. It is legally binding because you make it under oath or affirmation. You confirm that its contents are true to the best of your knowledge and belief. If you lie, you expose yourself to serious consequences. That includes perjury, contempt, and cost sanctions. The court relies on affidavits to make decisions. Your credibility matters.

The form’s enforceability flows from formal requirements. A person authorized to administer oaths must witness your signature. This includes a commissioner for oaths, a notary public, or a lawyer. The jurat confirms the date, place, and identity of the person who administered the oath or affirmation. The commissioner signs and includes any required details of their appointment. If signed outside Manitoba, the jurat must identify the location and the authority of the officer. A notarial seal is often used when outside the province.

Your affidavit must deal with facts. You can state facts you know first-hand. You can also state facts you believe, if you name the source of that information. The court gives less weight to hearsay. Some steps allow hearsay if it is necessary and reliable. Interlocutory motions commonly accept it. Final hearings expect first-hand evidence. The more direct your knowledge, the stronger your affidavit.

Each paragraph must be numbered and contain one point. You attach exhibits and label them clearly. You refer to each exhibit in the body. The commissioner must mark and initial exhibit pages. The exhibit pages become part of your affidavit. This documentary trail supports reliability and chain of custody.

The affidavit must be clear, relevant, and complete. Courts can strike improper content. Argument, speculation, and opinions have no place in an affidavit. Keep that for your brief or oral submissions. Offensive or unnecessary personal information can be redacted or excluded. If confidentiality is needed, you can seek a sealing order. If you include sensitive data, limit it to what the court needs to decide.

Remote commissioning may be permitted if specific conditions are met. The jurat must reflect the method of commissioning and location of all participants. The commissioner must verify identity and ensure no one is influencing you. When in doubt, appear in person. The goal is reliability and integrity of the oath.

Finally, an affidavit stands on its own. Do not rely on cross-referencing to other affidavits unless they are exhibits or already on the record. If you adopt another affidavit, say so and attach it if needed. The judge must be able to read your affidavit and understand the evidence without hunting.

How to Fill Out a Form 4D – Affidavit (Manitoba)

Start with the court header.

At the top, set out the Court of King’s Bench of Manitoba. Include the judicial centre. Use the same centre as your action. Add the court file number. If you are starting an application, the registry will assign the number. If you are filing in an existing matter, use the existing number.

Add the style of cause.

List the parties exactly as on the originating document. Use “Plaintiff/Defendant” or “Applicant/Respondent” as applicable. Check the spelling. Consistency matters.

Title the document.

Use “Affidavit of [Your Full Legal Name].” This tells the court whose evidence it is. Do not use initials unless a privacy order applies.

Identify yourself in the opening.

The first paragraph is standard. State your full name, city or town, and occupation. If you are unemployed, say so. If you are a student, say so. If you are the owner or officer of a company, state your title and the company name. If you are related to a party, state the relationship and why you have knowledge.

Explain the purpose.

In the next paragraph, state why you make the affidavit. For example, “I make this affidavit in support of the plaintiff’s motion for summary judgment.” This orients the judge. It also frames relevance.

Set out the facts in order.

Use short, numbered paragraphs. Write in plain language. Use dates. Avoid adjectives. Stick to who, what, when, where, and how. If you interviewed someone or reviewed a record, say so and identify the source. If you rely on a document, attach it as an exhibit and refer to it in the paragraph.

Use headings if it helps structure.

For example, “Background,” “The Contract,” “Payment History,” “Default,” and “Efforts to Resolve.” Headings help the judge scan your evidence. They also keep you organized.

Handle hearsay correctly.

If a fact is based on information and belief, say that explicitly and name the source. For example, “Based on information from our controller, Jane Smith, which I believe to be true.” If you rely on third-party documents, identify them and explain how you received them. Courts accept hearsay on many interlocutory motions, but less weight is given.

Attach exhibits properly.

Each exhibit must be clearly labeled. Use “Exhibit A,” “Exhibit B,” and so on. When referring to an exhibit in the body, use the same label. For example, “A true copy of the contract is attached as Exhibit ‘A’ to this affidavit.” The commissioner must mark and initial the exhibit. If an exhibit is lengthy, include only the relevant portions, if appropriate, and clearly mark them. Keep exhibit copies legible. Avoid photos of screens if you can attach the original digital printout.

Include calculations if you claim amounts.

Show how you arrived at the total. Attach a schedule that summarizes invoices, credits, payments, and interest. Make the math transparent. Judges expect to see the numbers and the basis for any interest rate.

Use a chronologically coherent narrative.

Begin with context. Move through key events in sequence. Avoid jumping back and forth in time. Consistency builds credibility. Inconsistencies create doubt.

Be precise about dates and times.

If you do not know the exact date, use approximations and say so. For example, “In or about March 2023.” Avoid vague phrases like “recently” or “a while back.” Precision helps the court.

Describe locations and participants.

If a meeting took place, state where and who attended. If a call occurred, state the date, platform, and participants. If you refer to emails, include the date, sender, recipient, and subject line in the body. Then attach the thread as an exhibit.

Avoid argument and conclusions.

Do not write, “The defendant is dishonest.” Write, “On June 1, 2024, the defendant said X. On June 5, 2024, the defendant sent Y. The two statements conflict.” Let the court draw the conclusion.

Include a statement of truth.

Close the body with a simple statement such as, “I swear this affidavit in support of [describe the motion or application], and for no improper purpose.” This reinforces the purpose.

Prepare the jurat.

Leave space at the end for the jurat. The jurat includes the word “Sworn” or “Affirmed,” the date, the city or town, and the province. It includes your signature and the signature of the commissioner for oaths, notary public, or lawyer. The commissioner records their name and capacity. A commissioner for oaths must include their expiry date if applicable. A notary public will affix a seal if notarized. Sign only in the presence of the commissioner. Do not pre-sign.

Decide between oath or affirmation.

An oath involves a religious swearing. An affirmation is a secular promise. Both have the same legal effect. Tell the commissioner which you prefer. The jurat will reflect your choice.

Bring identification.

The commissioner must verify your identity. Bring government-issued photo ID. If you sign on behalf of a corporation, bring proof of your authority. That can be a corporate search, minute book excerpt, or a director’s resolution.

Consider remote commissioning.

If the affidavit is commissioned by video, the jurat must reflect this. The commissioner must confirm your identity and location. You must be alone and free from influence. You must have the exhibits available and show them on screen. The commissioner will ensure the exhibits you sign match the ones they mark. Follow all required steps. If you are unsure, attend in person.

Manage exhibits during commissioning.

The commissioner must mark each exhibit and initial it. If you commission remotely, you may need to sign each exhibit and return a scanned copy for the commissioner to mark, or use approved electronic methods. Keep the chain of custody intact. Do not swap pages after commissioning.

Signatures.

You sign the affidavit. The commissioner signs below, in the jurat. They print or stamp their name and role. They add any registration number and expiry date if required. If the affidavit is multi-page, you may be asked to initial each page. That reduces risk of substitution.

If you used an interpreter.

If you do not speak English fluently, use an interpreter for the commissioning. The interpreter must take an oath or affirmation and sign a short certificate confirming accurate interpretation. Attach that certificate as an exhibit or include it in the jurat as required.

If someone assisted you in drafting.

If another person wrote the affidavit for you to sign, ensure you read it in full. The contents must be your own evidence. Do not rely on someone else’s legal conclusions. If you need context, include it as facts, not argument.

If the affidavit includes confidential material.

Consider whether a sealing order is required. If you include personal identifiers, limit them. Use initials where appropriate and allowed. Mask account numbers except the last four digits. Redact non-essential personal data. If you need to file unredacted documents for the judge, prepare a public and a confidential version as needed.

Schedules.

If your affidavit refers to a list or a summary, attach it as a schedule. For example, a schedule of payments or a timeline of events. Label it as an exhibit. Keep it simple and readable. A clear schedule can save the court time and help your case.

Final review checklist.

Confirm names, dates, and amounts. Confirm every exhibit is attached, legible, and marked. Confirm paragraph numbering is correct. Remove argument and speculation. Make sure the jurat is complete. Ensure the location and date are accurate. Verify the commissioner’s full details are present. If signed outside Manitoba, verify the officer’s authority and include any required seal.

After commissioning, prepare to file.

Convert the affidavit and exhibits into a single, paginated document if electronic filing is required. Use bookmarks for exhibits if possible. If filing on paper, staple or bind securely. Use a cover page with the style of cause and document title. Keep a complete copy for your records. Serve the affidavit on all required parties within the timelines for your motion or application.

Common pitfalls to avoid:

• Do not sign before meeting the commissioner.
• Do not attach unmarked exhibits. Do not include argument.
• Do not hide key facts. Do not change any page after commissioning.
• If you find an error, prepare a supplemental affidavit or re-swear a corrected version. Tell the court about corrections. Transparency protects your credibility.

Weight and credibility tips:

• Use first-hand evidence wherever possible.
• Have the right person swear the affidavit.
• For corporate records, use the employee who keeps those records.
• For service, use the person who served the documents.
• For technical matters, attach the expert report instead of offering your own opinion.
• Keep your tone neutral and factual.

By following these steps, you create a clear, reliable affidavit. You help the judge understand your evidence quickly. You also protect your credibility. That improves your chances of a focused, fair decision on the merits.

Legal Terms You Might Encounter

• Affidavit. This is your written statement of facts. You promise those facts are true. Form 4D is the format you use to make that promise to the court.
• Deponent. You are the deponent. You are the person who swears or affirms the affidavit. Your name appears in the style of cause and signature block.
• Commissioner for Oaths. This is an authorized person who can take your oath or affirmation. They confirm your identity and watch you sign the form. They complete the jurat at the end.
• Notary Public. This is another type of authorized official. They can also take your oath or affirmation. Either a commissioner or a notary can complete the jurat on Form 4D.
• Oath or Affirmation. You must choose one before you sign. An oath refers to a religious promise. An affirmation is a non-religious promise. Both carry the same legal force on Form 4D.
• Jurat. This is the block at the end that confirms when and where you swore or affirmed. It also shows who took your oath. The commissioner or notary fills this in and signs it.
• Exhibit. This is a document you attach to support your facts. Each exhibit must be marked and referenced in your affidavit. The commissioner or notary signs the exhibit label.
• Style of Cause. This is the case heading at the top. It lists the court file number, the parties, and the case name. It must match your other court papers.
• Information and Belief. You use this phrase when you did not see the facts yourself. You explain who told you and why you believe it. You should separate this from facts you know first-hand.
• Service. This is how you deliver your sworn affidavit to the other party. You follow the court’s rules when you serve it. Keep proof of when and how you served it.

FAQs

Do you have to sign Form 4D in front of someone?

Yes. You must sign in front of a commissioner for oaths or a notary public. Do not sign ahead of time. Bring identification and any exhibits to the appointment.

Do you have to swear on a religious text?

No. You can make a non-religious affirmation instead. Both an oath and an affirmation carry the same legal effect. Tell the commissioner your choice.

Do you need personal knowledge of every fact?

No. You may include information and belief for some points. Make the source clear and explain why you believe it. Keep hearsay to what the rules allow and keep it relevant.

Do you have to attach exhibits?

Attach exhibits that prove or support your facts. Mark each exhibit with a letter in order. Refer to each exhibit in your affidavit by that letter. The commissioner signs each exhibit label.

Do you need to number the pages and paragraphs?

Yes. Use page numbers and paragraph numbers. This makes it easy to reference parts of your affidavit. It also helps the court and the other party track your points.

Do you have to file the original?

Follow the filing method the court requires. You may need the original for the court or for the hearing. Keep a clean copy for yourself. Keep a stamped copy after filing as your record.

Do you need an interpreter?

If you are not fluent in English, tell the commissioner in advance. An interpreter may be needed. The interpreter may have to swear or affirm to interpret faithfully.

Do you have to re-swear if you correct an error after signing?

Yes. Do not change a sworn affidavit. If you find an error, prepare a new or supplemental affidavit. Then swear or affirm it again with a commissioner or notary.

Checklist: Before, During, and After the Form 4D – Affidavit (Manitoba)

Before signing

• Confirm you are the right person to swear the facts.
• Gather your case caption details and file number.
• List every fact you know first-hand. Note dates, times, and places.
• Separate information and belief facts. Note the source for each.
• Collect exhibits that support your points. Tab them in order (A, B, C).
• Prepare short, numbered paragraphs. Keep one fact per paragraph.
• Check names and addresses match your other court papers.
• Book a commissioner or notary. Confirm ID requirements and any fee.
• Ask about interpreter needs, if any.
• Print the affidavit and exhibits on clean paper. Leave space for the jurat.
• Bring valid photo ID and all exhibits to the appointment.
• Bring a pen with dark ink for signatures. Bring two copies if possible.

During signing

• Review the entire affidavit slowly and carefully.
• Confirm the style of cause and file number are accurate.
• Check every date, amount, and name. Correct errors before signing.
• Make sure exhibits are labeled and referenced in the text.
• Ensure every page is numbered and in order.
• Initial any minor corrections in the margin before you sign.
• Choose oath or affirmation and tell the commissioner.
• Sign only in the commissioner’s presence. Do not pre-sign.
• The commissioner completes and signs the jurat.
• The commissioner signs or stamps each exhibit label.
• Ask the commissioner to initial each page if that is their practice.
• Confirm the date and location in the jurat are correct before leaving.

After signing

• Make a clean copy for your records.
• File the affidavit as the court requires for your step in the case.
• Attach it to your motion, application, or other filing, if needed.
• Serve the other party in the required way and on time.
• Keep proof of service (receipt, affidavit of service, or record).
• Do not alter the sworn affidavit after signing.
• If you discover an error or omission, prepare a new or supplemental affidavit.
• Store the original in a safe place. Keep digital scans for quick reference.
• Track deadlines related to your affidavit and court date.
• Bring the original to your hearing if required.

Common Mistakes to Avoid

• Signing before you meet the commissioner. Do not sign at home. If you sign early, the affidavit is invalid. You may have to redo it and miss deadlines.
• Forgetting to mark exhibits. Unlabeled attachments cause confusion. The court may ignore them. Label each exhibit and have the commissioner sign the label.
• Mixing personal knowledge with hearsay without clarity. If you blur the difference, your credibility suffers. The court may give those statements less weight.
• Leaving blanks or crossing out words without initials. Unclear changes raise red flags. The court may reject the affidavit. You may need to re-swear.
• Using vague dates and details. Vague facts are hard to check. The court may doubt your version. Use precise dates, times, and amounts when you can.
• Mismatched case details. If the style of cause or file number is wrong, filing can fail. You may serve the wrong party. Always confirm case details match your other papers.

What to Do After Filling Out the Form

1. File it correctly. File the sworn affidavit in line with your next step in the case. If it supports a motion or application, attach it to that filing. Follow the court’s method and timeline for filing. Bring or submit the original if required. Ask for a stamped copy for your records.
2. Serve the other party. Deliver a copy to the other side as the rules require. Use the delivery method allowed for your step in the case. Note the date and method. Keep a receipt or record of delivery.
3. Organize your exhibits. Keep a set of exhibits that matches the version you filed. Ensure each exhibit shows the label and the commissioner’s signature or stamp. Keep the set together with the affidavit.
4. Prepare for the hearing. Review your affidavit and exhibits. Mark the key paragraphs and pages. Prepare to answer questions about what you saw or did. Do not expand beyond what you swore unless you file a new affidavit.
5. Handle errors or new facts. Do not alter the sworn affidavit. If you find an error, prepare a new or supplemental affidavit that fixes it. If new facts arise, prepare a supplemental affidavit that adds them. Swear or affirm again with a commissioner or notary.
6. Protect sensitive information. Review whether any part of your affidavit contains personal or confidential details. Follow the court’s rules on redaction or restricted access if required. Do not share more than needed for your purpose.
7. Keep records. Store the original in a safe, dry place. Keep a digital scan with clear page images. Save your proof of filing and service. Note the date you swore the affidavit and any related deadlines.
8. Coordinate with your broader case plan. Make sure the facts in this affidavit match your other filings. Use consistent dates, names, and descriptions. If you change your position, explain why in a new affidavit.
9. Plan for next steps. If your affidavit supports a request, confirm the date of the court step it relates to. Prepare any reply affidavit if new issues are raised. Track response timelines so you do not miss your window to answer.
10. Stay reachable. Make sure your contact details on file are current. If the court or the other party asks for a copy or clarification, you can respond quickly.