Form 4D – Affidavit (Prince Edward Island)

Jurisdiction: Country: Canada | Province or State: Prince Edward Island

What is a Form 4D – Affidavit (Prince Edward Island)?

Form 4D is the standard affidavit used in Prince Edward Island courts. It is a written statement of facts. You sign it under oath or affirmation before an authorized official. The court then treats it as your evidence.

You use it to present facts to a judge without testifying in person. It supports many types of requests. It can prove that something happened. It can attach documents to support those facts. It can confirm service of court papers. It can explain your position in a dispute.

Lawyers use this form in motions and applications. Self‑represented parties use it as well. Businesses use it through an officer or employee. Government bodies and professionals use it in their cases. Witnesses who are not parties sometimes use it too.

You would need this form when you want the court to rely on your facts. You might want an order before trial. You might want the court to accept a document into evidence. You might need to prove a debt or a default. You might need to show why a deadline should move. The affidavit is the vehicle for that proof.

Typical usage scenarios:

• You may support a motion for interim relief.
• You may prove that you served documents on the other side.
• You may ask for summary judgment. You may prove damages with invoices and ledgers.
• You may describe events in a parenting dispute.
• You may attach a contract, emails, photos, or a police report.
• You may explain who has knowledge of the facts and why.

The form has a set structure. It begins with the court heading. It names the parties and the file number. It names the deponent. The deponent is the person who swears the affidavit. The body has numbered paragraphs. Each paragraph states a point of fact. You attach exhibits to support those facts. The affidavit ends with the jurat. The jurat is the sworn statement section. A commissioner for oaths or notary completes that part.

You should use clear, simple, factual language. Avoid opinions unless you have direct observations. Avoid argument. Let the facts speak for themselves. The judge will apply the law.

When Would You Use a Form 4D – Affidavit (Prince Edward Island)?

You use Form 4D when the court needs facts in writing. This is common on motions and applications. For example, you may seek a temporary order. You want the court to act before trial. You file an affidavit to explain why.

A tenant might use it to resist an eviction in court. They would describe payments and attach receipts. A landlord might use it to support a claim for arrears. They would attach the lease and a ledger.

A business owner may chase an unpaid invoice. They would swear an affidavit of debt. They would attach the contract and the invoice. They might seek judgment if no defence exists. An operations manager might be the deponent. They would explain how the records are kept.

A former employee may allege a breach of a non‑compete. They would attach the agreement and proof of solicitation. They might seek an urgent restraint. The affidavit would set out dates and customers contacted.

A spouse might seek interim child support. They would describe income and expenses. They would attach pay stubs and tax slips. They would set out parenting history and schedules. They would ask for an order pending trial.

An executor may seek directions on an estate issue. They would swear to the assets and steps taken. They would attach the will and account summaries. They would explain why an order is needed.

A defendant may seek more time to file a defence. They would explain delays with specificity. They would attach emails showing attempts to retain counsel. They would propose a clear timeline.

In many cases, you prove service with an affidavit. You file an affidavit of service to show delivery. You set out who you served, when, and how. You attach a copy of the served document. You attach delivery confirmations as exhibits.

You may also use an affidavit to put expert material before the court. For interim steps, an expert can attach a report. You would identify the expert and their qualifications. You would keep the content within the expert’s scope.

If you seek to seal a file, you explain the privacy risk. You attach sensitive documents under a confidential exhibit. You propose a narrow sealing order. Your affidavit provides the factual basis.

These are only examples. The unifying theme is need. If the court requires facts to make a decision, use Form 4D. If you want to attach documents, use Form 4D. If you must prove a step in the case, use Form 4D.

Legal Characteristics of the Form 4D – Affidavit (Prince Edward Island)

An affidavit is sworn evidence. It is legally binding because you swear or affirm its truth. You do so before a commissioner for oaths, a notary public, or a lawyer. They confirm your identity and the act of swearing. The jurat records the place and date. It also records whether you swore or affirmed.

Truthfulness is mandatory. If you lie, you risk serious penalties. The court can strike parts of your affidavit. The court can order costs against you. False swearing can lead to prosecution. Do not guess. Do not speculate. If you do not know, say you do not know.

The court controls what evidence it accepts. Affidavits should be based on personal knowledge. For interim motions, limited hearsay may be permitted. If you rely on hearsay, you must identify the source. You must state your belief that the information is true. The judge decides the proper weight. For final orders, hearsay rules are stricter. If in doubt, stick to what you saw, did, or recorded.

An affidavit does not grant a remedy on its own. It supports an order the judge will make. The court considers your affidavit with any others filed. The court may allow cross‑examination on your affidavit. If ordered, you must answer questions under oath. Your answers can affect the result.

Formal defects can harm your position. Missing a jurat makes the affidavit invalid. Failing to sign in the commissioner’s presence is a defect. Omitting the location or date in the jurat is a defect. Not marking exhibits properly is a defect. The court may refuse the affidavit or allow you to fix it. Avoid these issues through careful review.

Commissioning must follow the rules. You must sign before the commissioner. The commissioner must sign and print their name. They should include their appointment details. If you use an interpreter, add an interpreter’s declaration. If you cannot read, the commissioner must certify that they read it to you. If you sign remotely, confirm the process is allowed and followed.

Privacy is a consideration. Court files are generally public. Do not include personal identifiers unless necessary. Redact account numbers. Consider initials for minors where allowed. If you need a sealing order, ask for it. Support that request with a narrow affidavit. Only include what the court needs to see.

Proportionality matters. Keep your affidavit as short as possible, but no shorter. Focus on material facts only. Avoid repetition. Avoid argument and insults. Stick to dates, amounts, conversations, and documents. Use exhibits to prove what can be proven.

Formatting supports enforceability. Use numbered paragraphs. Use consistent exhibit labels. Use legible type and spacing. Ensure pages are numbered. Initial each page and each exhibit tab. This helps prevent disputes later.

Service and timing rules apply. The court sets deadlines for filing and serving affidavits. You must meet those deadlines. Late affidavits risk exclusion. If you need more time, seek consent or an order. Explain the delay in a short affidavit.

How to Fill Out a Form 4D – Affidavit (Prince Edward Island)

Start by confirming that an affidavit is required.

Check what the court expects for your step. A motion or application often needs one. If you must prove service, an affidavit is the norm.

Prepare the court heading at the top.

Name the court correctly. Use “Supreme Court of Prince Edward Island.” Identify the section if applicable. It may be General or Family. Insert the court file number. Write the judicial area if the form requires it.

Set out the style of cause.

List the parties as they appear on other documents. Use “Between” lines for the parties. Keep plaintiff and defendant labels consistent. For family cases, use the correct party titles.

Title the document clearly.

Use “Affidavit of [Full Name of Deponent].” Place this below the style of cause. This helps the clerk file it correctly.

Identify yourself in the opening paragraph.

Use your full name and your municipality. State your county and the province. State your occupation. State your role in the case. For example, “I am the plaintiff.” Or, “I am the accounts manager for the defendant.”

Use the standard opening words.

Write, “I, [name], of [municipality], [county], Prince Edward Island, [occupation], make oath and say.” If you choose to affirm, the jurat will show that. The body of the affidavit is the same.

Set out the facts in numbered paragraphs.

Use one idea per paragraph. Keep your language clear and neutral. Use dates in full, like “June 15, 2025.” Use dollar amounts with figures. Identify people by full name on first mention. Then use a clear shorthand, like “Mr. Lee.”

Stick to facts within your knowledge.

If you include hearsay, identify the source. For example, “Based on the bank’s letter attached as Exhibit C.” State why you believe it is accurate. Use hearsay sparingly.

Organize the story chronologically.

Start with the background. Move through the events in time order. End with the current status and what you want. This helps the judge follow your evidence.

Refer to exhibits as you go.

Introduce them by letter. For example, “A true copy of the lease is Exhibit A.” Keep exhibit names short and accurate. Use “A,” “B,” “C,” and so on. Do not relabel if you add an exhibit later. Insert the new exhibit at the next letter.

Prepare your exhibits.

Each exhibit needs a cover page or stamp. The commissioner signs that exhibit certificate. The certificate should read, “This is Exhibit [letter] referred to in the affidavit of [name] sworn [date].” Attach the exhibit behind that certificate. Tab each exhibit if possible.

Keep exhibits relevant and legible.

Use copies, not originals. Redact only where necessary. If you redact, mark the redaction clearly. Do not alter the substance. If the exhibit is long, include only the relevant pages. Add a short summary paragraph in the affidavit.

Close with your request if appropriate.

For example, “I swear this affidavit in support of my motion for summary judgment.” Or, “I swear this affidavit to prove service of the Notice of Motion.”

Review the affidavit for accuracy.

Check names, dates, and amounts. Confirm that each exhibit is referenced. Confirm that each reference has the correct letter. Remove any argument or commentary. Keep your tone neutral.

Do not sign the affidavit yet.

You must sign it in front of a commissioner. Bring government photo ID. Bring the unsigned affidavit and exhibits. Book an appointment if needed. Many lawyers’ offices can commission affidavits.

Attend before the commissioner.

They will ask if you understand the content. They will ask if it is true. They will ask if you prefer to swear or affirm. If you swear, you may hold a Bible or other text. If you affirm, you make a solemn affirmation. Both are equally binding.

Sign each page and the signature page in their presence.

Initial any handwritten changes. The commissioner will complete the jurat. The jurat includes the place and date. It states that you swore or affirmed. The commissioner signs and prints their name. They may add their stamp and appointment details.

If an interpreter is needed, arrange one.

The interpreter must take an oath or affirmation. The interpreter may sign a separate declaration. The jurat should reflect the use of an interpreter. This helps confirm you understood the contents.

If you sign remotely, follow the permitted process.

You must still show ID. You must sign in a manner accepted by the court. The commissioner must be satisfied of your identity. The jurat should reflect the remote method used. Keep records of the session if required.

If you are swearing on behalf of a company, say so.

Include your title and authority. For example, “I am the Controller of ABC Inc.” “I have access to ABC’s records.” “I make this affidavit for ABC Inc.” Describe how the records are kept. This helps with admissibility.

Make copies of the completed affidavit and exhibits.

Keep the original safe. File the affidavit with the court as required. This may be with your motion record or application record. Confirm the number of copies the court needs. Some steps need a judge’s copy.

Serve the filed affidavit on other parties.

Use the approved method of service. Personal service may be required. For some steps, email service is fine. Check any order or rule that applies. Prepare an affidavit of service if required. File it before the hearing.

Prepare for cross‑examination if requested.

Review your affidavit and exhibits. Bring organized copies to the examination. Answer questions directly and truthfully. If you do not remember, say so. Do not argue with the questioner.

Bring a clean copy to the hearing.

Mark key paragraphs with tabs. Be ready to explain the timeline. Be ready to direct the judge to the exhibits. Short answers help the court follow your evidence.

Avoid common mistakes.

• Do not sign before seeing the commissioner.
• Do not leave blanks in the affidavit.
• Do not staple over the commissioner’s signature.
• Do not mix exhibit letters.
• Do not attach documents you have not reviewed.
• Do not include private data without a reason.

Here are examples of clear affidavit statements:

• “On March 1, 2025, the defendant signed the contract attached as Exhibit A.”
• “I delivered the invoice for $12,450 on April 3, 2025.”
• “The defendant acknowledged the debt in the email at Exhibit B.”
• “I served the Notice of Motion on June 10, 2025 at 3:30 p.m.”
• “A copy of the delivery confirmation is attached as Exhibit C.”

Each sentence states one fact. Each references an exhibit where possible. This style helps the judge see the evidence quickly.

Finally, check timing. File and serve the affidavit by the required deadline. Late affidavits may not be read. If you need more time, seek consent or an order. Explain the reasons in a short supporting affidavit.

That is how you complete and use Form 4D in Prince Edward Island. Keep it factual. Keep it organized. Swear or affirm it properly. File and serve it on time. This ensures the court can rely on your evidence.

Legal Terms You Might Encounter

• You will see “deponent” on Form 4D. That’s you—the person making the affidavit. You swear or affirm that the facts in the affidavit are true. Your name and contact information appear at the start, and you sign at the end.
• The “jurat” is the short block near the end that says when and where you swore or affirmed the affidavit, and before whom. It includes the date, location, your signature, and the commissioner’s or notary’s signature and designation. If the jurat is wrong, the court can reject the affidavit. Always confirm the time, place, and officer’s details before you sign.
• A “commissioner for oaths” or a “notary public” is the official who administers your oath or affirmation. Either is usually acceptable for Form 4D if they are authorized. They confirm your identity, watch you sign, and sign and stamp the jurat. They do not verify your story. They only verify you swore or affirmed.
• “Oath” and “affirmation” are two ways to make the same promise to tell the truth. With an oath, you swear to tell the truth. With an affirmation, you solemnly affirm it without religious content. Both have the same legal effect on Form 4D. Choose the option you are comfortable with.
• An “exhibit” is a document, photo, or record you attach to your affidavit to prove a point. Each exhibit should be marked with a letter (A, B, C) and referenced in the body of your affidavit. The commissioner or notary usually stamps or certifies the first page of each exhibit. If you forget to mark and refer to an exhibit, the court may ignore it.
• “Personal knowledge” means you saw it, heard it, did it, or otherwise directly know it. Affidavits work best with facts based on personal knowledge. If you learned something from someone else, state the source clearly and why you believe it.
• “Hearsay” is information you got from another person, not from your own senses. Courts may allow hearsay for certain steps, like interim requests, but it carries less weight. If you must include hearsay in your Form 4D, say who told you, when, and why you believe it. Don’t rely on hearsay for decisive issues if you can avoid it.
• The “style of cause” is the formal case title at the top of the form. It names the court, the parties, and their roles (for example, applicant and respondent). The “court file number” is the unique number for your case. Both identify your affidavit to the court registry. If either is wrong or missing, your filing may be misrouted or refused.
• “Cross-examination on affidavit” is the right to question you about your sworn statements. If the other side asks to examine you, you must attend as required. Keep your notes, exhibits, and any related records. Your answers should match your Form 4D. Inconsistencies can harm your credibility.
• An “interpreter’s declaration” is used if you do not read or speak the language used in the affidavit. The interpreter confirms they translated everything accurately and that you understood. If you need an interpreter for Form 4D, arrange it before you meet the commissioner.

FAQs

Do you need to appear in person to swear Form 4D?

You usually appear before a commissioner or notary in person. Some commissioners offer remote commissioning by video. Ask in advance. If you use video, you still need valid ID, the same set of exhibits, and a clear connection. The commissioner must be satisfied about your identity and that you understand what you are doing.

Do you need a notary public, or is a commissioner for oaths enough?

Either one is typically acceptable if they are authorized. The key is that the person administering the oath or affirmation is legally empowered to do so. Confirm their status and whether the court has any preference for your filing method.

Do you need original documents for exhibits?

You can attach clear copies as exhibits, unless the court requires originals for a specific purpose. Say in your affidavit that the exhibit is a true copy of the original. Bring the original to any hearing or cross-examination, in case the judge or the other side asks to see it.

Can you include your opinion in the affidavit?

Keep opinions out unless you are stating obvious lay observations (for example, “the room was dark”). Affidavits should set out facts. Avoid argument. Save submissions and legal points for your court materials that call for argument.

Can you make changes after you sign?

Not to the same document. If you spot an error after swearing, prepare a new, corrected affidavit and swear it again. You can also file a short supplementary affidavit to fix or update a point. Do not scratch out or rewrite parts after the jurat is signed.

How many copies do you need?

Plan for at least three: one for the court, one for you, and one for each other party. If you expect cross-examination, bring a spare copy with exhibits. If the court uses electronic filing, keep a full, legible scan and the paper original.

Do you have to number paragraphs and paginate exhibits?

Yes. Use numbered paragraphs throughout your Form 4D. Label each exhibit with a letter and a brief description. Add page numbers to long exhibits. Clear numbering helps during hearings and cross-examinations.

Can you swear an affidavit outside the province?

Yes, if you use a notary or commissioner authorized where you are swearing it. Make sure the jurat shows the correct location and the officer’s full designation. Some courts may ask for a notarial seal if sworn outside a local jurisdiction. Check with your commissioner before you book.

Checklist: Before, During, and After the Form 4D – Affidavit (Prince Edward Island)

Before signing

• Confirm the correct court, registry, style of cause, and court file number.
• Identify your role in the case and state it clearly (for example, applicant).
• Draft facts in short, numbered paragraphs. Use plain language and dates.
• Separate facts by topic. Keep hearsay to a minimum.
• Gather exhibits. Mark each with a letter and short description.
• Ensure exhibits match what the text says. Check page references.
• Prepare a brief outline to keep your story chronological and focused.
• Remove arguments, legal conclusions, and speculation.
• Check names, addresses, and titles for accuracy and current spelling.
• Verify dates, amounts, and account or reference numbers.
• Prepare valid government-issued photo ID for the commissioning.
• Arrange an interpreter if you need one.
• Book a commissioner or notary. Ask about remote options if needed.
• Print one-sided pages if paper filing is required. Avoid stapling exhibits until after commissioning, as instructed by the commissioner.
• Have a clean, final version ready. No highlights or sticky notes on exhibits.

During signing

• Bring every page of the affidavit and all exhibits. The commissioner must see everything.
• Confirm the location and date for the jurat are correct before signing.
• Show valid ID to the commissioner or notary.
• Swear or affirm. Choose the option you prefer.
• Sign the affidavit in the commissioner’s presence. Initial each page if asked.
• Ensure the commissioner signs, dates, and stamps the jurat.
• Confirm each exhibit is marked, referenced in the text, and exhibit-stamped.
• If a correction is needed, neatly strike through, write the correction, and initial. Have the commissioner initial it too.
• If remote, follow the commissioner’s identity and document-sharing steps. Confirm the final version matches what you reviewed on screen.

After signing

• Make a clean scan of the full affidavit and exhibits. Check legibility.
• File the affidavit with the correct registry, if required at that stage.
• Pay any filing fee. Get a stamped copy if filing in person.
• Serve the other parties using the required method for your case type.
• Keep proof of service and a copy of everything you filed.
• Calendar any hearing dates and deadlines tied to your affidavit.
• Store the original in a safe place. Bring it to court if needed.
• If new facts arise, prepare a supplementary affidavit promptly.

Common Mistakes to Avoid Form 4D – Affidavit (Prince Edward Island)

• Signing outside a commissioner’s presence
• Do not sign early. If you sign without the commissioner watching, the affidavit is invalid. You will need to redo it, which can cause delays and extra cost.
• Forgetting to attach or mark exhibits
• Attaching the wrong document or failing to label and reference each exhibit can lead the court to ignore key evidence. Don’t forget to cross-check every exhibit letter and its paragraph reference.
• Including argument instead of facts
• Arguments weaken your affidavit and can draw objections. The court may give your affidavit less weight. Keep it factual and concise. Save argument for submissions.
• Using unclear dates, amounts, or vague statements
• Vagueness causes confusion and undermines credibility. Say “On 12 March 2025” rather than “In March.” Use exact amounts. If you are estimating, say so and explain why.
• Leaving errors uncorrected or uninitialed
• Uninitialed corrections look suspicious and may get rejected. If you fix a typo during signing, both you and the commissioner should initial the change. If you find an error later, swear a new affidavit.

What to Do After Filling Out the Form Form 4D – Affidavit (Prince Edward Island)

1. File your affidavit where your case is active. If it supports a motion or application, file it within that timetable. Attach it to the specific step you are taking. If the court uses electronic filing, follow the file naming and PDF bundling rules. Keep the original safe.
2. Serve the other parties promptly after filing, unless the rules say to serve first. Use the method required for your case. Personal service or email service may be allowed in different contexts. Prove service with an affidavit of service if needed.
3. Prepare for cross-examination. If the other side requests it, you may have to attend. Review your Form 4D and every exhibit carefully. Bring originals of exhibits, your ID, and a notepad. Answer questions truthfully and directly. If you do not recall, say so. Do not guess.
4. Handle new facts with a supplementary affidavit. If something material changes, do not alter the sworn document. Draft a short supplementary Form 4D that explains the new fact. Keep it focused. Swear it and file and serve it like the first one.
5. Correct significant errors by re-swearing. If you discover a material mistake that could mislead the court, prepare a corrected affidavit. Do not rely on unverified fixes or marginal notes. Re-swear and re-file to avoid challenges.
6. Organize your record. Keep a compiled set that includes the Form 4D, all exhibits, the filing receipt, and proof of service. Add a simple index with page numbers. This saves time during hearings and helps if you face cross-examination.
7. Follow up with the registry. Confirm the affidavit is on the court file and associated with the right hearing. If a hearing is scheduled, confirm time limits for reading materials and whether a judge requires a brief. Bring a spare paper copy to court unless the judge prefers electronic.
8. Manage timelines. Put reminders in your calendar for response deadlines, cross-examination dates, and hearing dates. Late filings risk adjournments or your materials being excluded.
9. Protect confidentiality. If your affidavit contains sensitive information, consider whether it should be redacted in the public copy. Follow any applicable rules for sealing or redaction in your case type. Do not over-redact; ensure the court can still understand your evidence.
10. Plan your next filing. If the court requires a reply affidavit, keep it short and targeted. Only address new points raised by the other side. Do not repeat your earlier evidence. Number paragraphs and mark any new exhibits clearly.