Affidavit – Province of New Brunswick

Jurisdiction: Country: Canada | Province or State: New Brunswick

What is a Affidavit – Province of New Brunswick?

An affidavit is a written statement of facts that you swear or affirm to be true. In New Brunswick, you sign the statement in front of a person authorized to take oaths or affirmations. That person is usually a Commissioner of Oaths, Notary Public, or Justice of the Peace. Once sworn or affirmed, your affidavit becomes evidence. A court, tribunal, government office, or business can rely on it when making decisions.

The core idea is simple. You write down what you know. You promise that it is true. A qualified official witnesses your promise and signs the document. That witnessing is what turns your statement into an affidavit.

Who typically uses this form?

Individuals, landlords, tenants, business owners, contractors, executors, creditors, employees, and corporate officers use affidavits in New Brunswick. Lawyers use affidavits to support motions or applications. Government offices often ask for an affidavit to confirm facts, such as identity, residence, or loss of a document. Insurers and financial institutions also accept affidavits to verify events or authorizations.

Why would you need this form?

You use an affidavit when you need to prove facts without giving live testimony. It lets you present facts on paper. You may not have the option to testify in person. The process may rely on written evidence first. Or you may need a sworn statement to comply with a rule or policy. An affidavit gives your facts weight because you give them under oath or affirmation.

Typical usage scenarios include:

• Court and tribunal matters. You may file an affidavit for motions in a civil case, a family application, or a probate proceeding. You might also use an affidavit of service to prove that you delivered documents to the other side.

• Business and property matters. You might confirm corporate authority, ownership details, or the loss of a share certificate. A contractor might use an affidavit to support a lien claim or a progress payment.

• Personal matters. You may need to confirm residence, common-law status, or name variations. You might explain how you obtained a document or why a record contains an error.

• Administrative and regulatory processes. You may need to attest to compliance, confirm delivery of notices, or verify facts for a licensing or benefits decision.

Affidavits can be in English or French. New Brunswick recognizes both languages. If you do not read the language of the affidavit, you can have it translated or read to you before you swear or affirm it. The commissioner can add a note confirming that.

You can swear an oath on a religious text or make a secular affirmation. Both have the same legal effect. You choose what aligns with your beliefs.

Affidavits are not just for courts. The same core format works for different settings. The key is that the statement is written, truthful, sworn or affirmed, and properly witnessed.

When Would You Use a Affidavit – Province of New Brunswick?

You use an affidavit when you must present facts in a formal and reliable way. Think of any situation where a decision maker says “prove it” and you cannot simply tell them in person. An affidavit fills that gap.

If you are a tenant, you might use an affidavit to show that you paid rent, to describe the condition of a unit, or to confirm the dates you delivered a notice. You can attach photos and receipts as exhibits. Your affidavit explains the context, and the exhibits back it up.

If you are a landlord, you might file an affidavit to support a claim for unpaid rent, to confirm service of notices, or to set out your maintenance steps. You would describe who did what, when, and how you know it.

If you run a business, you may need to confirm who has signing authority, how a debt arose, or that goods were delivered. A manager can swear an affidavit that attaches delivery slips, emails, or account statements as exhibits. A bank or supplier may require it before releasing funds or accepting a claim.

If you are an executor, you may file affidavits in a probate application. You can confirm the will’s execution, identify the deceased’s assets, or explain a missing original. Your affidavit will refer to attached documents like the death certificate and the will.

If you are involved in a civil dispute, you often use affidavits to support motions. You might ask for an order to compel documents, to freeze assets, or to extend deadlines. Your affidavit tells the story. It lays out key facts: who did what, how you know it, and why the court should grant relief. If you rely on information from others, you identify the source and attach documents when available.

If you are in a family matter, you use affidavits to describe parenting schedules, incomes, and expenses. You attach pay stubs, tax returns, and calendars. Your affidavit organizes the facts clearly and concisely.

If you need to prove that you served documents, you complete an affidavit of service. You describe when and how you served, where it happened, who you gave documents to, and what documents you delivered. You attach a copy of what you served.

If you lost a document, an insurer or agency may ask for an affidavit of loss. You explain what the document is, how you lost it, and what steps you took to find it. You may also confirm that you will return the original if found.

If you are outside New Brunswick, you can still use an affidavit for a NB matter. You swear or affirm before a notary public or other authorized official where you are. The affidavit can then be used in New Brunswick.

In short, you reach for an affidavit when a decision maker expects sworn facts. You use it to set out events in an organized, truthful way. You support it with documents. You sign it in front of an authorized official.

Legal Characteristics of the Affidavit – Province of New Brunswick

An affidavit is legally binding because you give it under oath or affirmation before a qualified official. By swearing or affirming, you accept legal responsibility for the truth of your statements. If you lie on purpose, that is a serious offence. It can lead to penalties and can harm your case. Filing a false or misleading affidavit also damages your credibility.

What ensures enforceability?

Several features do:

• Proper commissioning. The affidavit must be sworn or affirmed in front of a Commissioner of Oaths, Notary Public, or Justice of the Peace. The official confirms your identity and administers the oath or affirmation. They sign and complete the “jurat,” which states where and when you swore or affirmed.

• Clear identification of the deponent. You, as the deponent, must be named with your full legal name. You provide your address and occupation. This anchors the affidavit to you.

• Structured, factual content. Facts are in numbered paragraphs. You stick to what you know first-hand. If you include information from others, you identify the source. You attach key documents as exhibits. Argument belongs in a separate brief, not in the affidavit.

• Proper exhibits. Exhibits are labeled and referenced in the text. Each exhibit carries a certificate signed by the commissioner. That certificate ties the exhibit to your affidavit.

• Language and understanding. You must understand the contents before you sign. If you do not understand the language or cannot read the document, the commissioner must ensure it is read to you or translated. A note to that effect should appear with the jurat.

• Completeness and consistency. Names, dates, and file numbers should match across the affidavit and attachments. Corrections are initialed by both you and the commissioner. No blanks remain.

Courts and tribunals rely on affidavits as evidence, especially for motions and applications. They review them against the rules on evidence and procedure. For some interim steps, they may accept statements based on information and belief if you identify the source and explain why you rely on it. For a final decision, first-hand knowledge carries greater weight.

An affidavit that breaks key rules may be refused or given little weight. Typical defects include missing jurats, unsigned exhibits, argument disguised as fact, and contradictory dates. Fixing these errors often means re-swearing a corrected affidavit. That takes time and can delay your matter.

Privacy and disclosure also matter. Once you file an affidavit with a court, it may become part of the public record. Sensitive personal information should be included only if needed. When possible, use blackouts for account numbers in exhibits and follow any sealing or redaction rules that apply.

Finally, remember that an affidavit is your story, not your lawyer’s. Your lawyer may draft it, but you must read it, understand it, and confirm its truth. You own every word you swear or affirm.

How to Fill Out a Affidavit – Province of New Brunswick

Follow these steps to prepare, commission, and use your affidavit correctly.

1) Confirm the purpose and audience

• Identify why you need the affidavit. Is it for a court motion, a tribunal, a government office, or a private party?
• Check any required format. Some courts or agencies provide a template. If they do, use it.
• Confirm the filing deadline and any service rules so you can plan your timing.

2) Set the caption (if for a court or tribunal)

• At the top, include the name of the court or tribunal and the judicial district if required.
• Add the file number. If you do not have one yet, leave that space blank until you get it.
• List the parties in the style of cause. Use the same order and spelling as on existing documents.
• If it is not for a court, use a simple heading instead, such as “Affidavit of [Your Full Name].”

3) Title and deponent details

• Title the document “Affidavit of [Your Full Legal Name].”
• Below the title, state your full name, address, and occupation. Example: “I, Jordan Lee, of 123 Any Street, Fredericton, New Brunswick, Project Manager, make oath and say as follows.”
• Use your legal name as on your ID. If you use a different name, note it. Example: “also known as Jordan A. Lee.”

4) Write the facts in numbered paragraphs

• Keep paragraphs short and focused. Each paragraph should cover one point.
• Use dates, times, and places. Be precise and consistent.
• Stick to facts within your knowledge. If you rely on information from others, say so and name the source.
• Explain acronyms and job titles the first time you use them.
• Use plain language. Avoid adjectives and argument. Save opinions for a separate brief.

5) Attach and reference exhibits

• Gather documents that support your facts: emails, letters, photos, invoices, contracts, or screenshots.
• Mark each exhibit with a letter in order: Exhibit A, Exhibit B, and so on.
• When you mention a document in the affidavit, reference it: “A copy of the invoice dated May 3, 2025 is attached as Exhibit A.”
• Prepare an exhibit cover page for each exhibit.
• The commissioner will sign a certificate on that page to link it to your affidavit.

6) Add specific content for common uses

• Affidavit of service: State the date, time, place, and method of service.
• Identify the person served and how you confirmed their identity.
• List the documents served. Attach a copy of each as exhibits.
• Financial matters: State your income sources, pay frequency, and deductions.
• Attach recent pay stubs, your most recent tax return, and bank statements if required.
• Property or business matters: Describe the contract, purchase order, delivery dates, and balances owing.
• Attach the contract, change orders, and account statements.

7) Review for accuracy and consistency

• Check names, addresses, dates, and exhibit labels. They must match across the affidavit and attachments.
• Confirm that you have no blanks.
• If you must correct a word, use a neat strike-through and write the correction above. Leave deletions legible. You and the commissioner will initial each correction.
• Ensure page numbers appear on each page.
• Include the total page count if the template requires it.

8) Prepare the jurat

• Leave the jurat section for the commissioner to complete.
• It appears at the end and will state the place and date of swearing or affirming.
• The jurat identifies the commissioner and includes their signature, printed name, and office (Commissioner of Oaths, Notary Public, or Justice of the Peace).
• A stamp or seal may appear, depending on the official.

9) Arrange commissioning

• Bring government-issued photo ID. The commissioner must verify your identity.
• Do not sign the affidavit in advance. You must sign in front of the commissioner.
• Choose an oath or an affirmation. An oath may use a holy text if you wish. An affirmation is a solemn promise without a religious reference.
• If you do not understand the language, arrange for an interpreter or ask the commissioner to read the affidavit to you. The commissioner should note this in or near the jurat.

10) Sign and initial

• Sign your usual signature on the signature line for the deponent.
• Initial each page, including exhibit cover pages.
• The commissioner will sign the jurat and each exhibit certificate. They may stamp or seal the pages.
• If you have multiple deponents, each person must appear before the commissioner or use separate affidavits.
• If they appear at different times, each must sign their own jurat.

11) Finalize exhibits properly

• Each exhibit needs a certificate linking it to your affidavit.
• The certificate should say that the attached document is the exhibit referred to in your affidavit and include the date and the commissioner’s signature.
• Keep exhibits in the same order you referenced them.
• If you have many exhibits, add a simple index page.

12) Make copies and keep the original safe

• After commissioning, make at least two copies: one for your records and one to serve or file.
• Keep the original in a safe place.
• Some courts require the original.
• Others accept an electronic copy.
• Follow the instructions for your proceeding.

13) File and serve

• If the affidavit is for a court or tribunal, file it with the clerk or registry as required.
• Pay any filing fee if applicable.
• Serve the filed or commissioned copy on the other parties.
• Use the approved method of service for your matter.
• Keep proof of service.

14) Prepare for questions

• Be ready to answer questions about your affidavit at a hearing or meeting.
• Bring a copy of the affidavit and exhibits with tabs.
• If you discover an error after commissioning, prepare a supplemental affidavit.
• Do not alter a commissioned affidavit.

Special notes and good practices in New Brunswick

• • Language: You can prepare and swear affidavits in English or French. Use the language you understand. If needed, include a note that the affidavit was interpreted or read to you.
  • Out-of-province or international affidavits: If you are not in New Brunswick, swear or affirm before a notary public or similar official where you are. Use your full legal name. Ensure the jurat shows the city, region, and country. New Brunswick bodies commonly accept such affidavits.
  • Accessibility: If you cannot read the document due to vision or literacy issues, ask the commissioner to read it aloud. The jurat should note that it was read, that you appeared to understand, and that you swore or affirmed it.
  • Corporate deponents: If you speak for a company, state your role and authority. Example: “I am the Accounts Receivable Manager of ABC Ltd. and have knowledge of its records.”
  • Hearsay: For interim steps, you can include facts “on information and belief” if you name the source. For final hearings, use first-hand knowledge whenever possible.
  • Privacy: Redact sensitive data that is not needed, such as full account numbers. Leave enough digits to identify the document. Follow any specific redaction rules in your proceeding.

Common Mistakes to Avoid

• Signing before you meet the commissioner.
• Mixing argument with facts. Keep your views on fairness or law out of the affidavit.
• Missing or mislabeled exhibits.
• Inconsistent dates and names across the affidavit and exhibits.
• Unclear references like “the document” without naming the date or exhibit.
• Using vague phrases like “I think” or “maybe.” Be specific or leave it out.
• Forgetting to initial corrections or each page.
• Using incomplete addresses or leaving key fields blank.

Simple checklist before you commission

• Do you have a clear purpose and audience?
• Is the caption correct, or did you use a proper heading?
• Are your facts organized in numbered paragraphs?
• Are all exhibits labeled, referenced, and ready with cover pages?
• Are names, dates, and totals consistent?
• Do you have your photo ID for the commissioning appointment?

If you follow these steps, you will produce a clean, reliable affidavit. Your affidavit will be easy to read, legally sound, and ready for filing or submission in New Brunswick.

Legal Terms You Might Encounter

• Deponent. You are the deponent. That means you are the person making the sworn statement. Your name appears at the top of the Affidavit – Province of New Brunswick. You sign it in front of the official who takes your oath or affirmation.
• Jurat. This is the block at the end of the form where the official completes their part. It states the place, date, and that you swore or affirmed. It includes the official’s signature, title, and stamp. Do not touch the jurat. The official fills it out after you sign.
• Commissioner of Oaths. This is an authorized person who can administer your oath or affirmation. Many staff in law offices and public offices hold this status. Their full name and expiry (if applicable) appear in the jurat. Ask to see their appointment card if you are unsure.
• Notary Public. A notary public can also administer oaths and affirmations. They can notarize documents and may be needed if the affidavit will be used outside the province. A notary typically applies a seal in the jurat. The Affidavit – Province of New Brunswick accepts either a commissioner or a notary.
• Swear or Affirm. Swearing uses a religious oath. Affirming is a solemn promise without religion. Both carry the same legal force. The jurat will show whether you swore or affirmed. Tell the official your preference before you sign.
• Exhibit. An exhibit is a document you attach to support your facts. Each exhibit is labeled with a letter, such as “Exhibit A.” The official signs a separate exhibit stamp or page for each item. In the affidavit body, you refer to exhibits by letter.
• Personal Knowledge. You can only swear to what you know first-hand. If you include something you learned from someone else, label it as such. The court may give less weight to second-hand information. Keep statements clear and factual.
• Hearsay. Hearsay is information you learned from another person, not from your direct experience. Some affidavits can include limited hearsay. If you must include it, name the source and context. Use exhibits where possible to support it.
• Venue. Venue is the place you sign the affidavit. The jurat shows the city or town and the province. Make sure the venue matches where you appeared before the official. Do not pre-fill a different location.
• Interpreter. If you do not speak English or French well, use an interpreter. The interpreter may need to swear an oath as well. The jurat or an added certificate may reflect this. Tell the official before the appointment.
• Original. The original is the wet-ink signed affidavit with the completed jurat. Many courts require the original for filing. Keep a clean copy for your records. Ask the clerk whether a copy is acceptable for any extra filings.

FAQs

Do you need to sign in front of an official?

Yes. You must sign in front of a commissioner of oaths or a notary public. Do not sign at home and bring it in later. The official needs to see you sign. Bring government photo ID.

Do you need exhibits, or are statements enough?

Use exhibits for anything you can show on paper. Attach contracts, emails, letters, or receipts. Label each exhibit and refer to it by letter in the text. Exhibits make your affidavit stronger and clearer.

Do you have to swear on a religious text?

No. You can affirm instead. Tell the official you wish to affirm. Your affidavit has the same effect whether you swear or affirm. The jurat will record your choice.

Do you need a lawyer to file an affidavit?

No. You can prepare and swear an affidavit without a lawyer. Many people do. Still, get legal guidance if the facts are complex or contested. The affidavit is evidence and affects your case.

Do you need a notary, or is a commissioner enough?

A commissioner of oaths is usually enough for use within the province. A notary may be required if a document will be used outside the province. If unsure, ask the receiving court or agency which they accept.

Do you have to appear in person, or can you sign remotely?

Some officials offer remote commissioning by audio-visual means when allowed. Ask the official in advance. If remote commissioning is used, follow their instructions for ID checks and exhibits. Confirm the receiving court or agency accepts remote swearing.

Do you need an interpreter if English or French is not your first language?

Yes, if you are not comfortable understanding every line. You must fully understand what you swear to. The interpreter may also swear an oath. Tell the official before your appointment so they can prepare the right certificate.

Do affidavits expire?

Your affidavit does not “expire,” but timing matters. Some courts want recent evidence for motions or hearings. If months have passed or facts changed, prepare a new affidavit. Update exhibits and dates.

Do you need to include your opinion?

Stick to facts within your personal knowledge. Avoid opinions or arguments. Save arguments for submissions or the hearing. The affidavit should show facts and attach evidence.

What if you made a small error after signing?

Do not change the original after commissioning. Prepare a new affidavit with corrected information. If time is tight, add a short supplemental affidavit that corrects the point. Keep numbering and references clear.

Checklist: Before, During, and After the Affidavit – Province of New Brunswick

Before signing

• Confirm the purpose of your affidavit. Know which court or agency will receive it.
• Gather government photo ID. Bring two pieces if possible.
• Write a clean draft with numbered paragraphs and short sentences.
• Verify names, dates, addresses, and file numbers.
• Collect and label exhibits. Prepare clear copies. One letter per exhibit.
• Add an exhibit page or stamp for each attachment, blank for the official to sign.
• Confirm the venue you will attend. The jurat must match the signing location.
• Book a commissioner or notary. Ask about fees and remote options if needed.
• Arrange an interpreter if you need one. Confirm they can attend.
• Print one set on single-sided pages if the court requires it. Leave room for stamps.

During signing

• Bring your draft, exhibits, and ID. Do not staple until the official checks them.
• Confirm your full name, address, and contact details are correct.
• Check the caption or file style matches the related case, if any.
• Review every paragraph for accuracy and personal knowledge.
• Confirm each exhibit is correctly labeled and referenced in the text.
• Do not sign until the official instructs you. They must see you sign.
• Choose swear or affirm. Tell the official your choice.
• Sign each page if asked. Initial any handwritten corrections before commissioning.
• Watch the official complete the jurat. Verify the date and venue.
• Ensure the official’s name, title, and stamp or seal appear clearly.
• Check that every exhibit has its own exhibit certification signed by the official.

After signing

• Ask for the original back if you will file it yourself.
• Make two copies: one for filing (if allowed) and one for your records.
• File with the correct court or agency before any deadline.
• If service is required, serve the other party in the approved way.
• Prepare an affidavit of service if the rules require proof of service.
• Store the original in a safe, dry place. Keep digital scans as backup.
• Track next steps: hearing dates, response deadlines, or follow-up filings.
• If facts change, plan a new or supplemental affidavit, not edits to the original.

Common Mistakes to Avoid Affidavit – Province of New Brunswick

• Don’t sign before you meet the official.
• Pre-signing voids the commissioning. You will have to redo it. The court may reject your filing.
• Don’t attach unlabeled exhibits.
• Missing exhibit labels cause confusion. The court may ignore your attachments. Label each one and reference it in the text.
• Don’t guess or include hearsay as fact.
• Speculation weakens your evidence. The court could give it little weight. Stick to what you know first-hand and identify sources for any hearsay.
• Don’t alter the affidavit after commissioning.
• Changes after signing break the chain of trust. The court can refuse the document. Use a new or supplemental affidavit instead.
• Don’t mismatch the venue or date.
• Wrong location or date in the jurat raises validity issues. Filing can be delayed or rejected. Check the jurat before you leave.

What to Do After Filling Out the Form Affidavit – Province of New Brunswick

1. File the affidavit where it is needed. This could be a court, a tribunal, or a government office.
2. Confirm whether they want the original or a copy. Check if they require a cover page or a filing fee.
3. Serve the other party if required.
4. Some processes require service of your affidavit and exhibits.
5. Use an approved method. That could be personal service, mail, or another permitted option.
6. Keep a record of when and how you served.
7. Prove service if the rules require it. You may need an affidavit of service.
8. Prepare and commission it the same way.
9. File it with the court or agency to show you met your obligation.
10. Calendar key dates.
11. Note deadlines for responses or replies.
12. Some motions have strict timelines.
13. Track hearing dates and any production deadlines for exhibits.
14. Prepare for questions.
15. Your affidavit is evidence.
16. The other side may ask for cross-examination on your affidavit. Schedule it if requested and attend on time with your exhibits. Answer truthfully and stick to your personal knowledge.
17. Handle updates properly.
18. If facts change, do not edit the original.
19. Prepare a new affidavit or a brief supplemental one.
20. Reference the earlier affidavit by date.
21. Attach any new exhibits.
22. Protect sensitive information.
23. If your affidavit includes personal or confidential data, limit distribution.
24. Ask the filing office about sealing or redaction options if appropriate.
25. Keep your copy secure.
26. Store records safely. Keep the original in a folder with its exhibits.
27. Note the date, file number, and where you filed it.
28. Save a scanned copy with a clear file name.
29. Align with the bigger process.
30. An affidavit rarely stands alone.
31. Check what else the court or agency expects. This could include a notice, a motion record, or a brief. File a complete package.
32. Plan for next steps.
33. After filing, follow up with the clerk if you need a date or confirmation.
34. Bring the original to any hearing if instructed.
35. Be ready to point to exhibit pages quickly. Stay organized.