CIPR Form 39.08 – Supporting Affidavit

Jurisdiction: Country: Canada | Province or State: Nova Scotia

What is a CIPR Form 39.08 – Supporting Affidavit?

Form 39.08 is a standard affidavit form. It belongs to the Supreme Court of Nova Scotia. You use it to present facts to the court. You file it to support a motion or an application. It is sworn evidence, not argument. It tells the judge what happened and how you know.

This form lives under the affidavit rules. Those rules govern how you give evidence in writing. The form provides the structure and jurat. The jurat is the “sworn before” section. It is completed by a commissioner for oaths or a notary. You sign the affidavit in their presence. They confirm your oath or affirmation.

Who typically uses this form?

Litigants in civil cases use it. That includes you if you are suing or being sued. Lawyers use it on behalf of clients. Corporate officers use it to speak for a company. Records custodians use it to attach business records. Experts sometimes use affidavits for interim steps. Self‑represented parties use it often. It is common in chambers practice.

Why would you need this form?

You need it to give the court facts. Courts rely on sworn evidence to decide motions. Many applications run on affidavit evidence. The judge reads the affidavits in advance. They form the evidentiary record. If facts are not in an affidavit, the judge may not rely on them. You cannot replace evidence with submissions. Your affidavit fills that gap.

You also use it to attach exhibits. These include contracts, emails, photos, and logs. You attach them to prove what you say. Each exhibit is marked and linked to a paragraph. The commissioner references each exhibit. The court can then match claims to documents.

Typical usage scenarios

You might seek an interim injunction. You would file a supporting affidavit with the facts. You might ask for summary judgment. You would swear to the key events and records. You might move to set aside a default. You would explain the delay and your defence. You might ask for an extension of time. You would set out the efforts made and the reasons. You might challenge or support a sealing order. You would explain the risk of harm. You might apply for the production of records. You would describe relevance and need. You might oppose a motion. You would file a responding affidavit. You would address each alleged fact. In each case, Form 39.08 is the vehicle.

In short, this form lets you speak to the court. You do so through facts, not arguments. You swear or affirm the truth. The court treats it as sworn testimony.

When Would You Use a CIPR Form 39.08 – Supporting Affidavit?

• Use this form any time the court needs facts on paper. It is standard for chambers motions and applications. If your matter proceeds on affidavits, you need it.
• Consider a contract dispute. You are a business owner. The other side breached a supply agreement. You need an order for delivery or damages. You bring a motion for an interim order. Your affidavit attaches the contract, emails, and invoices. You explain delivery schedules and losses. The judge sees the timeline and the proof.
• Consider a property dispute. You seek a certificate of pending litigation. Your affidavit shows your claim to the land. You attach the deed, plan, and correspondence. You describe the risk if the land is sold.
• Consider debt recovery. You want judgment on a promissory note. Your affidavit authenticates the note. You attach account statements and demand letters. You describe the default and the amount due.
• Consider an injunction. You are a software firm. A former employee misused source code. Your affidavit explains access controls and theft. You attach logs, screenshots, and contracts. You set out the harm and urgency. The judge relies on this to assess relief.
• Consider discovery disputes. You need documents that the other side withholds. Your affidavit describes requests made and gaps. You attach letters and deficiency charts. You explain relevance and proportionality.
• Consider judicial review or statutory applications. The court needs the record. Your affidavit compiles the relevant documents. You set out the procedural history. You identify the decisions at issue.
• Consider a foreclosure. The lender asks for an order for sale. The lender’s representative swears to the mortgage, default, and amounts. They attach the mortgage, statement of account, and notices.
• Consider settlement approvals for a minor. A parent swears to the facts of the claim. They attach medical reports and settlement terms. They explain best interests and legal fees. The court reviews that evidence.
• Landlords and tenants sometimes end up in court. Most residential disputes use a tribunal. But you might seek judicial review or enforcement. In that case, you use Form 39.08. You set out the tenancy history and attach the order.
• In short, use this form when your motion needs proof. The supporting affidavit is how you put facts before the judge. If you skip it, the court may refuse the motion.

Legal Characteristics of the CIPR Form 39.08 – Supporting Affidavit

An affidavit is sworn evidence. It carries the same weight as testimony in court. You swear or affirm that the contents are true. If you lie, you risk perjury or contempt. The court may also award costs. That seriousness ensures reliability.

Is it legally binding?

The affidavit itself is not a contract. But it binds you to its truth. The court can act on it. Orders can be issued based on your affidavit. If you misstate facts, orders can be set aside. The court may also sanction you. That creates a strong duty of candour.

What ensures enforceability?

Proper form and commissioning. The affidavit must be sworn or affirmed. It must be before an authorized person. In Nova Scotia, that includes lawyers, notaries, and commissioners. The jurat must show the date and place. It must show the name and capacity of the commissioner. The commissioner must sign. You must sign in their presence. The affidavit must identify you clearly. It should state your city and occupation. It should state your role in the case. That establishes context and competence.

Content rules also matter. Stick to facts within personal knowledge. You may include information and beliefs for some steps. If you do, you must name the source. You should state that you believe it to be true. The court may allow hearsay for interim matters. It is less accepted for final determinations. Keep that in mind as you draft.

Relevance is key. The court can strike irrelevant or scandalous parts. Avoid argument and rhetoric. Do not insult the other side. Do not speculate. The judge will ignore that content. Worse, it can hurt credibility. Let your facts do the work.

Exhibits must be identified and marked. Each exhibit should be legible. The commissioner should mark each exhibit. The exhibit label should include your name and the exhibit letter. Refer to each exhibit in the body. The court should be able to match each reference. That makes the record usable.

Timelines matter. You must serve and file within the rules. Some motions require service well before the hearing. Late affidavits may not be accepted. The court can refuse new evidence at the hearing. Plan your timeline around service and response.

Accessibility is a legal concern. Use clear, readable text. Number paragraphs. Use one fact per paragraph. Paginate exhibits. Keep the package organized. Judges read many affidavits. Clear drafting helps your case.

Confidentiality also matters. Do not include personal identifiers unless needed. Consider redactions for sensitive data. If you seek sealing, explain why. Do not file sealed material without permission. Balance transparency and privacy.

Finally, capacity and language issues must be addressed. If you need an interpreter, use one. The jurat must reflect that. If you cannot read, the commissioner must certify they read it to you. The court must be satisfied you understood. These details protect the record.

How to Fill Out a CIPR Form 39.08 – Supporting Affidavit

Follow these steps to prepare, swear, file, and serve your affidavit.

Before you start

• Confirm this is a Supreme Court matter.
• Check the courthouse location for your file.
• Review any scheduling or case management orders.
• List the facts you need to prove for your motion.
• Gather documents, photos, and records to attach.
• Plan your timeline for service and response.

Step 1: Complete the court heading

• Use the correct court name.
• Use the correct courthouse location.
• Include the court file number.
• Use the exact style of cause from your pleadings.
• Identify yourself as the deponent.

Your heading should mirror the file’s first page. Consistency avoids filing delays.

Step 2: Title the affidavit

Use a clear title. For example, “Affidavit of [Your Full Name].” Insert the date. This helps identify versions. It also helps the judge track the record.

Step 3: Identify yourself and your role

In paragraph 1, state your identity. Include:

• Your full name.
• Your city or town and province.
• Your occupation or position.
• Your role in the case.

Example: “I, Pat Lee, of Halifax, Nova Scotia, business owner, am the plaintiff in this action.” If you speak for a company, say so. Example: “I am CEO of ABC Ltd. I am authorized to swear this affidavit.” Explain how you gained knowledge. Example: “My knowledge comes from my role and records.”

Step 4: State the purpose

Add a short purpose statement. Example: “I swear this affidavit in support of my motion for an interim injunction.” This orients the judge. It also frames the facts that follow.

Step 5: Present facts in numbered paragraphs

Use short, numbered paragraphs. One fact per paragraph. Use a clear timeline. Start with the background. Then move to events and communications. End with recent steps and harm.

Tips:

• Use dates, names, and amounts.
• Avoid adverbs and adjectives.
• Do not argue or cite cases.
• Keep sentences short and direct.

Example structure:

• Background on the parties and dealings.
• Key contract terms or duties.
• Events that gave rise to the dispute.
• Steps you took to resolve issues.
• Harm suffered and how you calculated it.
• Urgency or prejudice if relief is denied.

Step 6: Include information and belief properly

If you include hearsay, handle it clearly. Use a separate paragraph. Identify the source and why you believe it. Example: “I am informed by Sam Rai, and believe, that shipment 102 arrived on May 4.” Explain why Sam knows. Example: “Sam is our logistics manager.” Keep hearsay limited. Use it where permitted and necessary.

Step 7: Attach and mark exhibits

Choose only relevant exhibits. Make them readable and complete. Do not overload the court.

• Label each exhibit alphabetically: A, B, C.
• Refer to the exhibit in the text: “A true copy of the contract is Exhibit A.”
• Put the exhibit label on the first page of each exhibit.
• Keep each exhibit separate and paginated.
• Include only the necessary pages if possible.
• Avoid duplicating the same document across exhibits.

Common exhibits include:

• Contracts and amendments.
• Email and letter chains.
• Invoices and account statements.
• Photographs and screenshots.
• Delivery logs and tracking data.
• Meeting minutes and notes.
• Corporate records authorizing your affidavit.
• Expert letters for interim relief, if appropriate.

Step 8: Draft a clear concluding paragraph

Close with a simple request tie-in. Example: “I swear this affidavit to be used on my motion listed above.” Do not restate arguments. Keep it neutral and factual.

Step 9: Prepare the jurat section

Leave the jurat for the commissioner. Ensure it includes:

• The city or town and province.
• The date of swearing or affirmation.
• Your signature.
• The commissioner’s signature.
• The commissioner’s printed name and capacity.
• Any required stamp or number.

Ensure the jurat matches your identity. The date must reflect the actual swearing date.

Step 10: Swear or affirm the affidavit

You must sign in front of an authorized person. Bring government photo ID. Do not sign in advance.

• The commissioner will verify identity.
• They may ask if you understand the contents.
• They will see you sign each page if required.
• They will witness your signature on each exhibit.
• They will sign and complete the jurat.
• They may apply a stamp or seal.

You can swear with an oath or affirm. Choose affirmation if you prefer not to swear. Both are equal in law.

Remote commissioning may be available. Confirm the process with the commissioner. Ensure video identification is clear. Ensure the jurat reflects any remote process used.

Step 11: Review and correct any errors

Check names, dates, and exhibit letters. Ensure paragraph numbering is correct. Correct typos that affect meaning. If you change content, you must re-swear. Do not handwrite changes after swearing. Keep the record clean and accurate.

Step 12: Make copies and prepare for filing

Create a clean original for filing. Make two copies for yourself and the service. Ensure exhibits are complete in each copy. Use tabs or letters to mark exhibits. Clip or bind the package securely. Avoid staples that obstruct scanning.

Step 13: File the affidavit with the court

File at the correct courthouse registry. Use the file number and style of cause. Pay any filing fees if required. Get a stamped copy for your records. Ask the clerk about hearing materials deadlines. Confirm if an electronic copy is required.

Step 14: Serve the affidavit on other parties

Serve all parties of record. Use the service method allowed for your motion. Track the deadline for service. Prepare an affidavit of service if needed. Late service can jeopardize your hearing. Build in time for delivery issues.

Step 15: Prepare for a responding affidavit

Expect a response from the other side. They may file a responding affidavit. Read it carefully. Decide if you need a reply affidavit. A reply should address new facts only. Do not repeat your earlier points. Seek leave if timing is tight.

Step 16: Bring a clean, organized record to the hearing

The judge will read your affidavit in advance. Help them follow the evidence.

• Use a concise index for exhibits.
• Use clear, descriptive exhibit names.
• Provide an outline of the motion issues.
• Bring extra copies of key exhibits.
• Be ready to point to paragraph and page numbers.

Special drafting situations

Corporate deponent:

State your role and authority. Explain how you know the facts. Tie your knowledge to records and responsibilities. Attach a resolution if authority is in issue.

Business records:

Explain how records are created and kept. State that entries were made in the ordinary course. State that it was the regular practice to make them. Attach the records as exhibits. This supports reliability.

Expert material on interim motions:

Keep it concise. State the expert’s qualifications. Attach a short letter or report. Flag that a full report may come later. Use this only where proportionate.

Confidential or personal information:

Redact non-essential personal identifiers. Propose a protective order if needed. File an unredacted version as sealed if permitted. Explain why confidentiality is necessary.

Interpreter or literacy issues:

If you need an interpreter, arrange one. The jurat must show interpretation. If you cannot read, the commissioner must read it to you. The jurat must say so. This protects the validity of your affidavit.

Common pitfalls to avoid

• Mixing facts with argument. Keep the argument for your brief.
• Using vague language. Use dates, names, and documents.
• Ignoring hearsay rules. Identify sources and beliefs.
• Overloading exhibits. Focus on what the judge needs.
• Missing commissioning details. An incomplete jurat risks rejection.
• Late service. Follow timelines for your motion or application.
• Inconsistent names or file numbers. Match the court record exactly.

Quick checklist before you file

• Correct court heading and file number.
• Clear deponent identity and role.
• Purpose paragraph included.
• Numbered, chronological facts.
• Hearsay paragraphs identify sources.
• Exhibits labeled and referenced.
• Jurat fully completed and signed.
• Copies made for filing and service.
• Filing and service deadlines calendared.

If you follow these steps, you will create a usable affidavit. It will be clear, complete, and properly commissioned. The court will be able to rely on it. That is the goal of Form 39.08.

Legal Terms You Might Encounter

• A deponent is the person who swears or affirms the affidavit. On Form 39.08, you are the deponent if you are giving the evidence. Your full legal name and contact details identify you as the deponent.
• An affidavit is a written statement of facts you swear or affirm are true. Form 39.08 is the document that captures your facts in a clear, organized way. You sign it in front of an authorized official.
• The jurat is the block at the end that records the oath or affirmation. It shows the date, location, and the name and title of the official who witnessed you. The jurat proves when and where you swore or affirmed Form 39.08.
• A commissioner for oaths or a notary public is the official who can take your oath or affirmation. They witness your signature and complete the jurat. You must sign Form 39.08 in front of them. They cannot usually be a party to your case.
• Sworn or affirmed describes how you confirm the truth of your statement. If you swear, you take an oath. If you affirm, you make a solemn promise without an oath. Form 39.08 records which method you used in the jurat.
• An exhibit is a document or item that supports what you say in the affidavit. You label each exhibit and attach it to Form 39.08. The commissioner or notary marks each exhibit so it links to your affidavit.
• The style of the case is the case title at the top of the form. It lists the parties in the same order as the court file. You must match that format on Form 39.08 so the court links your affidavit to the right case.
• A court file number is the unique number for your case. It appears near the style of cause. You must repeat that exact number on Form 39.08. If the number is wrong, your affidavit can be misfiled.
• Service means delivering a copy of the sworn affidavit to other parties. You usually serve it before a motion or hearing. Form 39.08 becomes part of what you serve so others can review your evidence.
• A motion or application is a request you ask the court to grant. A supporting affidavit gives the facts behind that request. Form 39.08 is how you lay out those facts in a formal, sworn format.
• Information and belief describe a statement you make when you did not see the fact yourself. You learned it from a reliable source and believe it to be true. On Form 39.08, you must identify the source of that information.
• Personal knowledge means you saw, did, or experienced the fact yourself. Courts give strong weight to personal knowledge. On Form 39.08, state what you know firsthand and separate it from information and belief.

FAQs

Do you have to swear the affidavit in person?

Yes, you must appear before a commissioner for oaths or a notary public. You can swear or affirm in person. Some officials offer remote witnessing. Ask first and confirm requirements before you book.

Do you need original exhibits, or will copies work?

You can attach clear copies of most documents. If the original matters, say where it is and who holds it. Make sure each exhibit is legible and complete. The commissioner or notary must mark each one.

Do you have to use exact dates and details?

Yes, give precise dates, names, and amounts. If you cannot recall an exact date, state an approximate date and say it is approximate. Explain how you know the details you provide.

Do you need to include everything in one affidavit?

Not always. Keep each affidavit focused on a clear set of facts. You can file a second supporting affidavit if needed. If facts change, use a supplementary affidavit to update the record.

Do you sign every page of the affidavit and exhibits?

You sign once in the jurat. The commissioner or notary may initial each page. They will stamp or mark each exhibit. Follow the official’s instructions so the record is complete and consistent.

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

Yes, you serve a sworn copy on each party. Do this within the timelines set for your motion or application. Keep proof of service. Late service can delay your hearing.

Do you need personal knowledge for every statement?

Use personal knowledge for key facts wherever possible. If you rely on information and belief, name your source. Explain why you believe it. Mark your sources with exhibits where you can.

Do you have to file a new affidavit if you spot an error?

If the error is small, you may be able to correct it with an initialed change before swearing. If you already swore it, do not alter it. Prepare a corrected or supplementary affidavit and swear that instead.

Checklist: Before, During, and After the CIPR Form 39.08 – Supporting Affidavit

Before signing

• Confirm the correct case name and court file number.
• Identify your role in the case and your relationship to the facts.
• Gather all documents you will refer to as exhibits.
• Check that exhibits are complete and readable.
• Prepare a clear timeline of events with dates and times.
• List names, titles, and contact details for people you mention.
• Note the exact amounts, account numbers, and invoice dates if relevant.
• Separate personal knowledge from information and belief.
• Identify sources for any information and belief statements.
• Draft short, numbered paragraphs with one idea per paragraph.
• Remove assumptions, opinions, and arguments. Stick to facts.
• Book an appointment with a commissioner for oaths or a notary public.
• Bring a valid photo ID for the commissioning appointment.
• Print the affidavit on clean, single‑sided pages with room for stamps.
• Arrange exhibit tabs or labels in the order you reference them.

During signing

• Verify the style of cause matches your court file exactly.
• Check the court file number against your latest court document.
• Confirm that your full legal name and contact information are correct.
• Review each paragraph for accuracy and clarity.
• Ensure each exhibit label matches the reference in the text.
• Lay out exhibits in order (A, B, C) and attach them securely.
• Ask the official to mark each exhibit with the proper notation.
• Swear or affirm the affidavit in front of the official only.
• Sign the affidavit in the official’s presence. Do not sign beforehand.
• Watch the official complete the jurat with date, location, and title.
• Initial any handwritten corrections made before swearing.
• Ask for a photocopy of the sworn affidavit and exhibits for your records.

After signing

• Make at least two copies of the sworn affidavit with exhibits.
• File the original or a filed copy with the court as required for your motion.
• Calendar your filing and service deadlines from your hearing date.
• Serve each party with a copy and keep proof of service.
• Confirm the court received and docketed your filing under the right case.
• Place one copy in your case file with a service record.
• Keep the original safe and clean. Avoid highlighting or sticky notes.
• Prepare a short summary of your key points for the hearing.
• Monitor for changes that require a supplementary affidavit.
• Bring a clean copy to the hearing for your own reference.

Common Mistakes to Avoid CIPR Form 39.08 – Supporting Affidavit

• Don’t forget to separate facts from argument. An affidavit is for facts, not submissions. If you argue, the court may give less weight to your evidence. Keep advocating for your written or oral submissions.
• Don’t skip exhibit markings. Unmarked attachments can be rejected or ignored. Each exhibit needs a label and a commissioner’s or notary’s exhibit stamp. Missing stamps weaken the link between your evidence and the document.
• Don’t rely only on hearsay for key points. If a central fact is based on information and belief, name the source and explain why you believe it. Unsupported hearsay can lead to adverse findings or an adjournment.
• Don’t mismatch the case title or file number. The wrong style of cause or file number can lead to misfiling. Your affidavit may not reach the judge’s file in time. Always confirm details against the latest court document.
• Don’t sign outside the commissioner’s presence. If you pre‑sign, you will need to redo the affidavit. The court can refuse an improperly sworn document. Sign only when the official instructs you to sign.

What to Do After Filling Out the Form CIPR Form 39.08 – Supporting Affidavit

1. File the sworn affidavit with the court. Include all exhibits. Follow the filing method required for your motion or application. If you are adding it to an existing motion, include it with your motion record or materials list.
2. Serve each party promptly. Use the service method allowed for your case. Confirm delivery and keep a record. Include a cover note that identifies the motion or application the affidavit supports.
3. Check the hearing date and deadlines. Count back to confirm when filing and service must be complete. If you are late, notify the other side and the court office as soon as possible. Ask about options to reschedule or seek leave.
4. Prepare a brief outline of your evidence. Extract the key points from your affidavit. List the exhibit page numbers for quick reference. Bring this outline to the hearing to help you stay organized.
5. Review the other side’s affidavits. Compare facts and exhibits. Note any conflicts, gaps, or admissions. Decide whether you need a reply affidavit. Keep your reply focused on new issues only.
6. Consider a supplementary affidavit if facts change. Do not alter a sworn affidavit. Prepare a new affidavit that updates or corrects facts. Label it as supplementary and refer to your earlier affidavit by date.
7. Keep your original safe. Store it flat, with exhibits intact. Avoid staples that tear pages when copied. Use binder clips or folders that protect edges and tabs.
8. Plan for confidentiality where needed. Do not disclose sensitive personal data unless it is necessary. If a document includes private information, limit it to what the court needs. Redact non‑essential data before exhibiting.
9. Bring clean copies to the hearing. Have your own set of the affidavit and exhibits. Use tabs to mark key pages. Offer to provide extra copies to the court if asked.
10. Track outcomes after the hearing. Note any orders about further affidavits or timelines. Update your checklist and calendar. If the court requests changes, act quickly and document what you do.
11. If you need to withdraw or replace the affidavit, take clear steps. File a new affidavit that corrects the record. Tell the other parties which affidavit it replaces. Serve the updated version and explain the change in a cover note.
12. If you plan to use the affidavit in a different motion, review it again. Confirm the facts are still accurate. Confirm the exhibits fit the new purpose. Swear a new affidavit if anything has changed.
13. Maintain a tidy evidence file. Keep a list of all affidavits you filed, with dates. Include service proofs and court stamps. This makes later steps faster and reduces the chance of missed details.
14. If settlement talks open, use your affidavit as a reference. It holds the key facts and documents. It can help both sides agree on what is not in dispute. Keep discussions separate from your sworn evidence.
15. If the court sets cross‑examination on your affidavit, prepare. Review each paragraph and exhibit. Be ready to explain sources for information and belief. Bring a clean, tabbed copy for quick answers.
16. If translation is needed, address it early. Use a qualified translator. Attach a translator’s declaration if the court requests it. Ensure both the affidavit and exhibits are understandable to the court.
17. If you are coordinating multiple affidavits, avoid overlap. Assign topics to each deponent. Keep each affidavit streamlined. Cross‑reference exhibits rather than duplicating large attachments.
18. If you face time pressure, prioritize accuracy over volume. Focus on the essential facts that support your request. Cut repetition. Keep exhibits relevant and readable.
19. If you reach an agreement that moots the motion, notify the court. Confirm with the other party. Withdraw the motion if needed. Keep your affidavit on file unless both sides agree otherwise or the court directs.
20. If the court criticizes any part of your affidavit, learn and adjust. Note what the court found unhelpful. Apply that feedback to your next filing. This improves your credibility and your results.