Affidavit – Province of Newfoundland and Labrador

Jurisdiction: Country: Canada | Province or State: Province of Newfoundland and Labrador

What is an Affidavit – Province of Newfoundland and Labrador?

An affidavit is a written statement of facts that you swear or affirm are true. You sign it in front of a commissioner for oaths, notary public, or another authorized official in Newfoundland and Labrador. The official confirms your identity and administers the oath or affirmation. The affidavit then becomes sworn evidence you can use for legal or administrative purposes.

Think of an affidavit as your story, told under oath. You set out facts that you know first-hand. You can also include facts you were told by someone else, if you identify the source. You attach documents as exhibits if they help prove those facts. The commissioner’s jurat at the end confirms when, where, and before whom you swore or affirmed the affidavit.

Who typically uses this form?

Many people do. Self-represented litigants use it to support a court motion or application. Lawyers use it to put evidence before a judge without live testimony. Landlords and tenants use it in rental disputes. Business owners use it for contract issues or debt claims. Executors use it in probate matters. Spouses use it in family cases. Individuals use it to confirm service of documents, lost records, or identity details.

You may need this form when you must prove facts in writing. Courts often require evidence by affidavit for interim steps, such as a motion. Government offices may accept an affidavit to address gaps in records. Real estate transactions may require an affidavit of execution to confirm a witness to a deed or mortgage. Estate work often uses affidavits to verify a will or the death of a joint owner. You also use affidavits to prove you served documents on someone.

Typical usage scenarios include motion records in the Supreme Court of Newfoundland and Labrador. You may file an affidavit to support an injunction, disclosure order, or summary judgment. In Provincial Court civil matters, you may use an affidavit to confirm service or attach key documents. In Small Claims, you may file an affidavit to prove your claim amount. In probate, you file affidavits with your application for a grant. If you have a business dispute, you may swear to delivery dates, unpaid invoices, or defective goods, with exhibits attached. If you are a landlord, you may swear to rent arrears and notices you served. If you are a tenant, you may swear to repair issues, communications, and photos. If you lost a key document, you may swear to the loss and the facts around it.

An affidavit is not the same as a statutory declaration. Both are solemn statements, but courts rely on affidavits as evidence in proceedings. A statutory declaration is used when a law or agency asks for a declaration, not sworn testimony. If your issue is in court, you will usually use an affidavit. If your issue is administrative, the form may be a declaration. Read your instructions and pick the right tool.

When Would You Use an Affidavit – Province of Newfoundland and Labrador?

You use an affidavit when a rule, order, or process asks for evidence in writing. Court motions and applications rely on affidavit evidence. If you seek an interim order, you likely must file an affidavit that lays out the facts. For example, you may seek a preservation order in a business case. Your affidavit would describe the asset, the risk, and attach emails or contracts. The judge reads your affidavit to decide if the order should issue.

You also use affidavits for procedural steps. An affidavit of service proves that you delivered documents to the other side. You would describe how and when you served them, and attach a delivery receipt or photo of service if you have one. If you tried service but could not reach the person, your affidavit can support a request for substitute service. You would outline each attempt and result.

In family matters, you may swear to parenting schedules, financial records, and events. You can attach pay stubs, bank statements, and school emails. In support of an interim parenting order, your affidavit may summarize the child’s routine and communication history. In support of a temporary financial order, your affidavit may explain expenses and income changes.

In estates, you may swear an affidavit of execution for a will. The witness to the will swears that they saw the testator sign it and that the witness signed at the same time. In property transfers, you may use an affidavit of execution or value. The witness swears to the signing of the deed. In a lost document situation, you may swear an affidavit confirming the loss and the search you conducted to find it.

Businesses use affidavits to support summary judgment or injunctions. You might swear to the state of accounts, attach a contract, and attach proof of delivery. You would explain the breach and the damage in clear, numbered facts. If your claim is in Small Claims, an affidavit can help establish your case early. You can reduce the need for live testimony on interim steps.

Landlords and tenants use affidavits in rental disputes. A landlord may swear to arrears, notice dates, and inspection photos. A tenant may swear to habitability issues and the landlord’s response. You attach proof like emails, texts, and receipts.

Government and professional processes may call for affidavits. You might need to confirm identity details, citizenship facts, or the loss of a certificate. You might need an affidavit to support a name change. You might need one to confirm residency or relationship facts when records are missing.

If you are outside Newfoundland and Labrador, you can still swear an affidavit for use in the province. You must appear before a person authorized where you are. A notary public is usually acceptable. Make sure your court or office in Newfoundland and Labrador will accept it. You may need proof of the notary’s authority.

Legal Characteristics of the Affidavit – Province of Newfoundland and Labrador

An affidavit is legally binding because you swear or affirm the truth of its contents. You do this before an authorized official. The oath or affirmation engages legal consequences. False statements in an affidavit can lead to criminal charges. The court can also impose sanctions in the case. The legal system treats your affidavit as evidence, not as argument.

Enforceability starts with proper commissioning. The deponent must sign in the presence of the commissioner or notary. The commissioner must verify identity, administer the oath or affirmation, and complete the jurat. The jurat states the place, date, and the officer’s authority. Without a valid jurat, your affidavit may be rejected. The court clerk may refuse filing, or a judge may give it no weight.

Content also affects weight. Facts within your personal knowledge carry the most weight. If you include information and belief, name your source. Explain why you believe it to be true. Courts often allow information and belief on interim motions. For final hearings, judges give greater weight to first-hand facts. Avoid argument, opinion, and hearsay unless you explain why it is necessary and allowed. Keep your affidavit focused and factual.

Form matters. The affidavit should be in the first person. Use numbered paragraphs. Refer to exhibits in the body and attach them behind the affidavit. Mark each exhibit with a letter and an exhibit certificate signed by the commissioner. Number the pages. Avoid blanks. If you must correct a word, draw a single line through it. Write the correct text and have both you and the commissioner initial each change. Do not pre-sign or send a signed copy to the commissioner. You must sign in their presence, in person or by an accepted remote process.

Access and capacity matter. You must understand the oath or affirmation. If you cannot read the language, an interpreter should assist. The interpreter may need to swear a separate affidavit. If you cannot sign, you can make a mark. The jurat must note that the affidavit was read to you, that you seemed to understand it, and that you swore or affirmed it. A minor can swear an affidavit if they understand the obligation to tell the truth. The commissioner will assess capacity.

Authority matters. A commissioner for oaths in Newfoundland and Labrador can commission affidavits for use within the province. A notary public has broader authority and is often used when documents are for use outside the province. If your affidavit will be filed in another province or country, consider using a notary public. If your affidavit is for a Newfoundland and Labrador court or office, a commissioner for oaths is usually fine.

Remote commissioning may be available in limited circumstances. Requirements vary by court or office. You may need to show ID on video and confirm that you are signing the same document. Some courts still expect a wet-ink original. Confirm the filing requirements before you rely on a remote process. If in doubt, use in-person commissioning.

Opposing parties may cross-examine you on your affidavit. Plan for that. Swear only what you can back up with documents or clear memory. Keep your tone neutral. Avoid speculation. A clear, well-structured affidavit helps the judge and improves your credibility.

How to Fill Out an Affidavit – Province of Newfoundland and Labrador

1) Confirm you need an affidavit

• Check what the court or office requires. If it asks for affidavit evidence, use this form. If it asks for a statutory declaration, do not use an affidavit. If your matter is in court, an affidavit is often required for motions and applications.

2) Choose the right commissioner

• For use within Newfoundland and Labrador, a commissioner for oaths or a notary public can commission your affidavit. If you will use it outside the province, use a notary public. Avoid a commissioner who is a party to the case or has a direct interest.

3) Gather your facts and documents

• List the facts you need to prove. Pull together emails, contracts, photos, or receipts. Decide what to attach as exhibits. Use clear copies. Redact sensitive data that is not needed, like full account numbers.

4) Set up the heading or caption

• If this affidavit is for a court case, include the court name, judicial centre, file number, and style of cause. Place “Affidavit of [Your Full Name]” under the caption. If it is not for a court, use a simple title: “Affidavit of [Your Full Name].”

5) Draft the opening information

• Identify yourself in the first paragraph. Include your full legal name, municipal address, and occupation. Example: “I, Jane Mary Doe, of St. John’s, in the Province of Newfoundland and Labrador, accountant, make oath (or solemnly affirm) and say:”

6) Write the body in numbered paragraphs

• Use short, factual sentences. One point per paragraph. Keep the sequence logical. Stick to what you know first-hand. If you include information from others, state the source and your belief in its truth. Example: “On May 6, 2025, I delivered the goods to 123 Water Street.” Example: “I am informed by Alex Lee and do believe that the shipment arrived at 10:00 a.m.”

7) Refer to exhibits in the text

• When you mention a document, refer to it as an exhibit. Example: “A copy of the invoice is attached as Exhibit ‘A’.” Label exhibits alphabetically. Use a separate exhibit page in front of each exhibit. The commissioner will sign the exhibit page.

8) Prepare the exhibits

• Place each exhibit behind the affidavit, in order. On the first page of each exhibit, include an exhibit certificate. The certificate states the exhibit letter and identifies the affidavit. The commissioner signs and dates the certificate. Keep exhibits legible. Avoid highlighting. If you need to emphasize a part, use a clear arrow or a short note in your affidavit.

9) Add special statements if needed

• If you served documents, include details of service: date, time, place, and method. If you cannot read English, include a paragraph about the interpreter and understanding. If you made corrections, initial each one with the commissioner. If you are making an affirmation instead of an oath, state that you are affirming.

10) Review for clarity and completeness

• Check names, dates, and addresses. Make sure you included the court file number if applicable. Ensure each exhibit is referenced and labeled. Remove arguments and opinions. Keep it neutral and factual.

11) Arrange the commissioning appointment

• Do not sign yet. Bring government-issued photo ID. Bring unsigned pages and exhibits. If using remote commissioning, follow the commissioner’s instructions. You may need to send a clean copy by email in advance.

12) Attend before the commissioner or notary

• The commissioner will ask you to swear or affirm the truth of the affidavit. Choose oath or affirmation. An oath references a religious belief. An affirmation is non-religious. Both have the same legal effect. Sign each page if asked. Always sign in the commissioner’s presence.

13) Ensure the jurat is complete

• The jurat appears at the end. It states the place and date of swearing or affirming. It includes the commissioner’s signature, printed name, and title. It often includes the expiry date of the commission. If the jurat mentions an interpreter, confirm it is accurate.

14) Paginate and secure the package

• Number every page of the affidavit and exhibits. Ensure exhibits stay in order. Use a staple or binding that can handle the thickness. Do not staple through text. Do not add or remove pages after commissioning. If you must change anything, redo the commissioning.

15) Make copies

• Make at least two copies: one for you, one for filing or service, and one for the other side if needed. Courts may require the original for filing. Keep the original clean and complete.

16) File and serve as required

• If the affidavit is for court, file it at the registry for your judicial centre. Follow any deadlines for motions or applications. Serve a copy on the other parties as the rules require. If the affidavit is for an administrative office, submit it as instructed.

17) Prepare for cross-examination if applicable

• The other side may cross-examine you on your affidavit. Review your statements and exhibits. Bring the originals of key documents if asked. Be ready to explain how you know each fact.

18) Special forms and variations

• Affidavit of service: focus on how you served each document, with dates, times, locations, and details. Attach proof like delivery receipts or photos.
• Affidavit of execution: the witness to the signing swears they saw the person sign the document and that they signed as a witness. Include the date and place of signing and identify the document.
• Joint affidavits: if two people share the same facts, each can swear a separate affidavit. If you swear a joint affidavit, each deponent must sign before the commissioner. The jurat should name both.

19) Avoid common mistakes

• Do not sign before you appear before the commissioner. Do not include argument. Do not attach original documents unless required. Do not leave blanks. Do not rely on hearsay for final decisions unless allowed. Do not use a commissioner who is a party to the case.

20) If swearing outside the province

• Use a notary public or other authorized official where you are. Make sure your Newfoundland and Labrador court or office will accept it. You may need proof of the official’s authority attached or stamped.

A well-prepared affidavit is clear, focused, and complete. You present facts, not advocacy. You attach documents that support those facts. You swear or affirm in front of an authorized official. You file and serve it on time. Done right, your affidavit helps the decision-maker understand your position and act on your request.

Legal Terms You Might Encounter

• Deponent. You are the deponent. That means you are the person swearing or affirming the truth of the Affidavit – Province of Newfoundland and Labrador. Your name and contact details go in the deponent section.
• Commissioner for Oaths. This is the official who takes your oath or affirmation. They watch you sign and complete the jurat. You must sign the Affidavit – Province of Newfoundland and Labrador in front of them.
• Notary Public. A notary public has similar authority to a commissioner. Many institutions accept affidavits sworn before a notary. If your recipient needs notarization, use a notary for the Affidavit.
• Oath vs. Affirmation. An oath is a promise to tell the truth made on a religious text. An affirmation is a secular promise. Both carry the same legal weight in the Affidavit. You choose which one you prefer.
• Jurat. This is the block the commissioner completes. It records the place, date, and how you swore or affirmed. The jurat proves the Affidavit was properly commissioned.
• Exhibit or Annexure. These are documents you attach to support your statements. Each exhibit must be labeled and referred to in your text. The commissioner usually stamps or signs each exhibit for the Affidavit.
• Venue. The venue is the place where you swear or affirm. It appears in the jurat and often near the top. Use the city or town and the province for the Affidavit.
• Perjury. Perjury means knowingly swearing a false statement. It is a serious offence. Keep your Affidavit accurate and based on what you know first-hand.
• Affidavit of Service. This is a specific affidavit that proves delivery of documents. If you must serve documents on someone, you may complete an Affidavit of Service. It follows the same signing rules as the Affidavit.
• Original vs. Certified Copy. The original is the wet-ink signed affidavit with the jurat. A certified copy is a copy a notary or commissioner certifies. Ask the recipient whether they need the original or a certified copy of the Affidavit.

FAQs

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

Yes. You must sign the Affidavit in their presence. Do not sign in advance. Bring government-issued photo ID so they can verify your identity.

Do you need a witness besides the commissioner?

No. The commissioner or notary is the official witness. You do not need a second witness unless your recipient asks for one. If another witness is needed, the commissioner will guide you.

Do you need original documents for exhibits?

Bring originals if you have them. The commissioner may compare the originals to your copies. You will usually attach clean copies to the Affidavit. The commissioner will mark each exhibit.

Do you have to swear on a religious text?

No. You can affirm instead. The Affidavit – Province of Newfoundland and Labrador has equal force whether you swear or affirm. Tell the commissioner your preference.

Can you use an electronic signature or sign remotely?

Some recipients accept remote commissioning or electronic signatures. Many still require wet-ink signatures. Ask the recipient before you plan remote signing for the Affidavit.

Can you make changes after you sign?

Not on the signed original. If you must correct an error, prepare a new version. Then re-swear or re-affirm the Affidavit – Province of Newfoundland and Labrador. The commissioner will complete a new jurat.

Do you need multiple copies?

Yes. Keep one copy for your records. Prepare at least one extra copy for the recipient. If you must file with a court or office, they may require the original Affidavit – Province of Newfoundland and Labrador and more copies.

Will there be a fee to commission the affidavit?

Often, yes. Commissioners and notaries may charge a fee per document and per exhibit. Ask about fees when you book your appointment for the Affidavit.

Checklist: Before, During, and After the Affidavit – Province of Newfoundland and Labrador

Before signing

• Confirm the recipient’s requirements. Ask about format, exhibits, and number of copies.
• Gather valid photo ID. Bring at least one government-issued piece.
• Confirm your full legal name and address. Match your ID to the Affidavit – Province of Newfoundland and Labrador.
• Collect all exhibits. Organize them in order. Number or letter them as you reference them.
• Verify facts and dates. Check names, timelines, and amounts.
• Add the file or reference number, if any. Include it on the first page.
• Print clean, single-sided pages. Leave space for the jurat on the last page.
• Book a commissioner or notary. Ask about fees and what to bring.
• Arrange an interpreter if needed. The commissioner must understand you.
• Plan how you will file and serve. Know the deadline and method.
• Prepare extra copies. One original, plus at least two copies is common.

During signing

• Do not sign yet. Wait for the commissioner to instruct you.
• Confirm the venue (city or town) and date. They must be correct in the jurat.
• Choose oath or affirmation. State your choice clearly.
• Initial each page in the bottom corner. Do this before signing the last page.
• Check names and spellings. Ensure consistency across the Affidavit – Province of Newfoundland and Labrador.
• Verify exhibits. Ensure each exhibit sticker or label matches your references.
• Ask the commissioner to mark each exhibit. The mark can be a stamp, signature, or notation.
• Fix minor errors neatly. Cross out, write the correction, and initial each change, if allowed.
• Sign the last page in front of the commissioner. Use blue or black ink.
• Watch the commissioner complete the jurat. Confirm the date, venue, and their details.
• Pay the fee and request a receipt. Note how many exhibits were marked.

After signing

• Make copies of the fully executed affidavit and exhibits. Keep the original safe.
• File the original if required. Follow the recipient’s method and deadline.
• Serve other parties if needed. Use a method the recipient accepts.
• If you served documents, complete an Affidavit of Service. Then have it commissioned.
• Confirm acceptance. Check that the office or court accepts your filing.
• Calendar key dates. Track response or hearing dates linked to your Affidavit – Province of Newfoundland and Labrador.
• Store securely. Keep the original in a dry, safe location. Protect personal data.
• Record details. Note the commissioner’s name, location, date, and fees paid.

Common Mistakes to Avoid Affidavit – Province of Newfoundland and Labrador

• Don’t sign before you meet the commissioner.
• Consequence: Your affidavit may be rejected. You might have to redo it and pay again.
• Don’t mismatch exhibit labels and references.
• Consequence: The reader may not trust your evidence. You risk delay or refusal.
• Don’t use vague or second-hand information.
• Consequence: Weak or unreliable statements carry little weight. Your point may fail.
• Don’t alter the affidavit after it’s signed.
• Consequence: Any change makes the affidavit invalid. You must prepare and swear a new one.
• Don’t mix dates or locations.
• Consequence: A wrong jurat date or venue can invalidate the Affidavit – Province of Newfoundland and Labrador. Recommissioning may be required.

What to Do After Filling Out the Form Affidavit – Province of Newfoundland and Labrador

1. File the original where required. Some recipients want the original wet-ink version. Others accept a certified copy.
2. Check the method of delivery. Options may include in-person filing, mail, or a secure portal.
3. Serve any required parties. If someone must receive a copy, arrange proper service.
4. Use the method the recipient accepts.
5. Keep proof of delivery.
6. If formal service is required, complete and commission an Affidavit of Service.
7. Confirm acceptance quickly.
8. Contact the office or court to confirm they received and accepted your affidavit. If they reject it, ask why. Fix the issue and re-swear a corrected version.
9. Track follow-up dates.
10. Your affidavit may trigger deadlines or hearings.
11. Record all dates.
12. Set reminders for responses, filings, or appearances.
13. Protect the original. Store it flat in a folder. Keep it dry and secure. Mark it “Original” to avoid mix-ups. Restrict access to protect personal information.
14. Share copies on a need-to-know basis.
15. Send copies only to people or offices who need them. If the content is sensitive, use secure delivery.
16. Plan for amendments. If facts change or you find an error, do not edit the signed original. Draft a new Affidavit – Province of Newfoundland and Labrador with the updated facts. Then re-swear it before a commissioner.
17. Maintain a document log.
18. Note the date, who commissioned the affidavit, and where you filed it.
19. List exhibits and version numbers. This helps you track what you sent and when.
20. Prepare for the next step in your matter.
21. Your affidavit may support an application, request, or response.
22. Keep related documents together.
23. Include filings, letters, and proof of service.
24. If you need certified copies later, plan ahead.
25. The notary or commissioner may need to see the original. Bring it to have copies certified when needed.