Form 70V – Affidavit (Prince Edward Island)

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

What is a Form 70V – Affidavit?

Form 70V is the standard affidavit form used in the Supreme Court of Prince Edward Island. You use it to put facts before the court in writing, under oath or affirmation. It is a formal statement of evidence, not argument. When you sign it, you swear or affirm that every fact in it is true to the best of your knowledge and belief.

Courts in Prince Edward Island rely on affidavits to decide many steps in a case without live witnesses. Judges read your affidavit and any attached exhibits to understand what happened, why you need an order, and what documents support your position.

Who typically uses this form?

Litigants, lawyers, self-represented parties, and witnesses. It is common in both the General Section and Family Section of the Supreme Court. Businesses, landlords, tenants, executors, creditors, and government decision‑makers also use it when they need sworn evidence before a judge.

Why would you need this form?

Because many court motions and applications in PEI are decided based on written evidence. If you want a judge to grant or refuse an order, you need facts the judge can rely on. You also use this form to verify specific matters, such as service of documents, the authenticity of records, or the steps taken in an estate.

Typical usage scenarios include:

• You apply for a court order and need to show the facts that justify it. For example, you seek an injunction to stop a former employee from using confidential information. Your affidavit sets out what they took, when, and how it harms your business, and attaches emails as exhibits.
• You respond to a motion and need to dispute key facts. Your affidavit explains why the other side’s timelines are wrong and includes records that support your version.
• You prove service of documents. You describe when and how you served the other party and attach a photo of the person served or a delivery confirmation.
• You support an estate application. You confirm a will is the last known will, list the assets you found, and explain search steps.
• You verify financial disclosure in a family matter. You set out your income sources and attach pay stubs and tax slips.
• You authenticate business records. You explain your role, regular record‑keeping practices, and append ledgers or account statements.

An affidavit is a core building block of the record a judge reads. Done well, it tells a clear, factual story with the right documents attached. Done poorly, it can undermine your credibility or leave the court without the facts it needs.

When Would You Use a Form 70V – Affidavit?

You use Form 70V whenever the Rules require or allow evidence by affidavit. That includes most interlocutory motions, many applications, and several specialized court processes.

You will use it if you are a plaintiff or applicant asking for relief on short timelines. For example, you bring a motion to compel production of records. You set out the requests you made, the other side’s replies, and why the records matter. You attach your letters and their responses.

You will use it if you are a defendant or respondent opposing relief. Suppose your landlord seeks an order for vacant possession, alleging non‑payment and damage. Your affidavit explains your payment history, repairs you completed, and includes e‑transfer receipts and photos.

As an executor, you use this form to confirm facts about the deceased, the will, searches undertaken, and the inventory of assets and debts. You attach the will, death certificate, and bank letters as exhibits. If there are issues with witnesses, you may include an affidavit from a witness to the will.

As a business owner, you use it to support a motion for summary judgment for unpaid invoices. You confirm delivery of goods, the balance owing, and attach the contract, invoices, and account statements. If you rely on entries from a computerized system, you explain how the records are made and kept in the normal course of business.

As a tenant, you may use it to support a stay or to contest enforcement, explaining health or safety concerns, repairs not done, or payments accepted by the landlord. You attach communications and photos as exhibits.

As a family litigant, you use it to vary child support. You describe changes in income, new expenses, and attach your most recent tax documents and pay statements. You avoid argument and focus on facts needed for the court to apply the guidelines.

As a creditor, you use it to seek default judgment. You confirm service, the default, the debt calculation, and attach the contract and demand letters. You explain credits or interest calculations so the judge can verify the amount claimed.

As a public authority responding to judicial review, a records custodian may swear an affidavit attaching the decision‑making record and confirming how and when the decision was made.

You also use Form 70V to prove steps taken when you need special procedural orders. For example, if you cannot locate the defendant, you set out your search efforts and ask for substitutional service. You list databases searched, calls made, and visits attempted. You attach search results, returned mail, and notes of visits.

In short, any time the court must rely on sworn facts outside live testimony, you use Form 70V.

Legal Characteristics of the Form 70V – Affidavit

An affidavit is sworn or affirmed evidence. It is not a contract, but it is legally binding in this sense: you are attesting to the truth of its contents under oath or solemn affirmation. If you knowingly include false statements, you expose yourself to penalties for perjury or contempt. This is why the court treats affidavits seriously and expects accuracy, completeness, and candour.

Enforceability of an affidavit as evidence depends on formal and substantive requirements:

• Formal validity. You must sign the affidavit in the presence of a person authorized to administer oaths in Prince Edward Island, such as a commissioner for oaths or a notary public. The commissioner must take your oath or affirmation, and complete the jurat. The jurat records the place, date, and identity of the commissioner, and confirms the oath or affirmation occurred. If the jurat is incomplete, the court may refuse the affidavit.
• Identity and capacity. You must prove your identity to the commissioner. You must also understand the nature of the oath and the content you swear to. If you need an interpreter, the interpreter must take an oath and be competent to translate. If the deponent is a minor, the commissioner must be satisfied the minor understands the obligation to tell the truth.
• Form and content. Affidavits use numbered paragraphs, state facts within your personal knowledge, and clearly identify any information based on belief. On many interlocutory motions, hearsay is allowed if you identify the source of your information and state you believe it to be true. Courts may strike argumentative or irrelevant material.
• Exhibits. Documents you refer to must be attached as exhibits and marked properly. Each exhibit needs an exhibit certificate signed by the commissioner. If exhibits are not properly marked, the court may ignore them.
• Integrity. Alterations must be initialed by you and the commissioner. Missing initials on changes can undermine validity. Pages should be numbered. The deponent must sign the same version the court receives.
• Procedural compliance. You must file and serve the affidavit according to the Rules and any court directions. Timelines and page limits matter. Late or over‑length filings can be rejected or disregarded.

An affidavit is one piece of the evidentiary record. The judge weighs its credibility against other affidavits and exhibits. Credibility depends on detail, consistency, and support from contemporaneous records. Conclusory statements, speculation, and argument reduce weight. Clear, concrete facts with documents carry more weight.

Finally, confidentiality and privacy obligations still apply. If your affidavit includes sensitive data, you may need to file a redacted public version and seek leave to file an unredacted confidential exhibit. Family cases often limit identifying information for children. Do not attach unnecessary personal identifiers. Tailor exhibits to what the court needs to decide the motion.

How to Fill Out a Form 70V – Affidavit

Follow these steps to complete Form 70V correctly and avoid common pitfalls.

1) Confirm you need an affidavit and define its purpose.

• Identify the motion or application this affidavit will support or oppose.
• List the precise facts the judge needs to decide that motion.
• Gather the documents that prove those facts. Keep originals safe.

2) Set up the style of cause.

• Insert the correct court: “Supreme Court of Prince Edward Island.”
• Select the proper section (General or Family), and the court location.
• Enter the court file number exactly as assigned.
• List the parties and their titles (Plaintiff/Defendant or Applicant/Respondent), matching your other filings.

Example: In a family support variation, list “Applicant: [Your Name]” and “Respondent: [Other Party’s Name]” exactly as on the Notice of Application.

3) Title your affidavit.

• Use “Affidavit of [Your Full Name].”
• If there may be several affidavits, add “No. 1” or the purpose, such as “Affidavit in Support of Motion for Disclosure.”

4) Identify the deponent.

• In the opening lines, state your full legal name, municipality and province of residence, and your role in the case (e.g., “the plaintiff,” “the respondent,” “an employee of the defendant,” or “the executor of the estate”).
• If you are swearing on behalf of a business, state your position and how you have personal knowledge of the records and events.

Example: “I am the Accounts Manager of the plaintiff. In that role, I have access to and oversight of billing records kept in the ordinary course of business.”

5) Tell the story with numbered, factual paragraphs.

• Use short, clear paragraphs. One point per paragraph.
• State facts you personally know first. Then include information and belief if allowed for your motion. Identify the source of any information and belief.
• Use dates, amounts, names, and locations. Avoid adjectives and argument.
• Align each key fact with a supporting exhibit if you have one.

Example: “On 12 February 2025, I emailed the defendant Invoice 1043 for $12,450, due 26 February 2025.” Then attach the invoice and email as exhibits and cross‑reference them.

6) Attach and mark exhibits correctly.

• Place each document you rely on after the affidavit as an exhibit.
• Label exhibits sequentially: Exhibit “A,” “B,” “C,” and so on.
• On the first page of each exhibit, include an exhibit certificate. The commissioner signs it. It should state: “This is Exhibit ‘A’ referred to in the affidavit of [Your Name] sworn/affirmed before me at [City], Prince Edward Island on [Date].”
• Initial each page of each exhibit. The commissioner should also initial or sign where required.
• Refer to exhibits in the body of the affidavit using the exact label.

Practical tip: Group related pages into one exhibit when sensible (e.g., all pay stubs for a period as Exhibit “B”). Use bookmarks or a short exhibit index to keep it readable.

7) Complete the jurat with a commissioner for oaths or notary public.

• Do not sign the affidavit on your own. You must sign in front of the commissioner.
• Bring reliable photo ID. If you need an interpreter, arrange one and ensure the interpreter is also sworn.
• Choose oath or affirmation. An oath invokes a religious truth; an affirmation is a solemn non‑religious promise. Both have the same legal effect.
• The commissioner will ask if you have read and understand the affidavit and if its contents are true. Answer clearly.
• Sign the affidavit in blue or black ink in the space provided. The commissioner completes and signs the jurat, stating the place and date of swearing or affirming, and their name and authority.
• The location in the jurat must reflect where you actually swore the affidavit.

If remote commissioning is available and appropriate, confirm the process with the commissioner before the appointment. Ensure you can identify exhibits on video and that the commissioner can verify your identity.

8) Review for privacy and confidential content.

• Remove personal data that the court does not need (full SIN, full bank account numbers). Use partial redaction where possible.
• In family matters, follow naming conventions for children and sealed materials. If you need sealing or confidentiality orders, bring a motion or follow the court’s practice before filing.

9) Check formatting and integrity.

• Number every page of the affidavit and exhibits.
• Ensure all cross‑references to exhibits match the labels on the exhibits.
• Make sure any handwritten changes are minimal and initialed by both you and the commissioner.
• Confirm your contact information for service is correct.

10) Make copies, file, and serve.

• Keep the original with wet ink signatures safe. Some courts require the original if authenticity is questioned.
• File your affidavit with the court registry in the proper location. Pay any filing fee, if charged for your motion or application.
• Meet the filing deadline and any page limits in your proceeding.
• Serve the filed affidavit on every other party. Use the permitted method for your case type. If service is by email or courier, keep proof.

11) Use Form 70V to prove service when needed.

• If you personally served a document, you can use Form 70V to make an affidavit of service. Describe the date, time, place, how you identified the person, and what you served. Attach the document and any delivery receipts as exhibits.
• If a process server effected service, have the server swear their own Form 70V, with details and exhibits.

Example: “On 3 March 2025 at 2:10 p.m., at 12 Queen Street, Charlottetown, I personally served the Respondent, John Doe, with a copy of the Notice of Motion filed 28 February 2025 by handing it to him after confirming his identity when he stated, ‘I am John Doe.’ Attached as Exhibit ‘A’ is a true copy of the Notice of Motion served.”

12) Anticipate and address hearsay.

• If the motion is interlocutory, you may include information and belief. Always name the source and why you believe it.
• If the final decision depends on disputed facts, limit hearsay and rely on direct knowledge or records admissible as business records.

Example: “I am informed by Sarah Lee, our Warehouse Supervisor, and do verily believe, that the shipment departed our facility on 8 January 2025. Attached as Exhibit ‘C’ is the outbound log she maintains in the regular course of business.”

13) Write with credibility in mind.

• Stick to facts. Avoid editorial comments like “clearly” or “obviously.”
• Do not speculate about motives. Do not insult the other side.
• Include both helpful and context‑setting facts. Omitting obvious context can harm your credibility when the other side files it anyway.

14) Common mistakes to avoid.

• Do not sign without a commissioner present.
• Do not attach exhibits without proper exhibit certificates.
• Do not rely on screenshots or photos that are unreadable. Use clear, complete copies.
• Do not crowd multiple ideas into one paragraph.
• Do not include legal argument. Put that in your brief or memorandum, not your affidavit.
• Do not miss deadlines. Late affidavits may be refused.

15) Practical examples of paragraph drafting.

• Payment dispute: “Between 1 April 2024 and 30 June 2024, the defendant made five payments totaling $8,000 toward Invoice 1001. Attached as Exhibit ‘D’ is a spreadsheet I prepared from our bank statements summarizing these payments.”
• Family income update: “On 15 January 2025, my employer increased my hourly wage from $24.50 to $27.00. Attached as Exhibit ‘B’ is my pay advice dated 31 January 2025 showing the new rate.”
• Service difficulty: “From 5 February 2025 to 20 February 2025, I attended the respondent’s residence at 7:30 a.m., 12:15 p.m., and 6:45 p.m. on five separate days. No one answered. Attached as Exhibits ‘E’ to ‘I’ are my attendance notes and photographs showing the front door with date and time stamps.”

16) If you need someone else’s affidavit.

• If a key witness has direct knowledge, have that person swear their own Form 70V instead of you paraphrasing. First‑hand accounts carry more weight.
• Where several people describe the same event, keep each affidavit focused and avoid repetition. Cross‑reference exhibits to avoid duplicate attachments.

17) Keep a litigation file.

• Maintain a binder or digital folder with the final sworn affidavit and each exhibit as filed.
• Keep a clean, unredacted version if you filed a redacted public copy. Mark each clearly to avoid mix‑ups.

By following these steps, you will deliver an affidavit that the court can read quickly, understand, and trust. Your goal is simple: tell the factual story the judge needs, show the documents that prove it, and present both in a format the Rules expect.

Legal Terms You Might Encounter

• Deponent means you. You are the person making the sworn or affirmed statements in Form 70V. When the form asks for the deponent’s name and details, it needs your accurate information. You must sign in front of an authorized official. You confirm the truth of everything in the affidavit.
• Commissioner for oaths is an authorized official who can take your oath or affirmation. Many law offices and government offices have them. If a commissioner signs your Form 70V, that officer’s name and appointment details appear with the jurat. You do not need a separate witness.
• Notary public is another type of authorized official. A notary can also take your oath or affirmation. If your affidavit will be used outside the province or for certain records, a notary’s seal may be preferred. For most court filings on this form, a commissioner or a notary is acceptable. The jurat will show which one you used.
• Jurat is the block at the end of the affidavit where the official certifies your oath or affirmation. It states the place, date, and whether you swore or affirmed. It also includes the officer’s signature and stamp or printed name. On Form 70V, check the jurat carefully. If the location or date is wrong, ask for it to be corrected and initialed.
• Sworn versus affirmed describes how you promise to tell the truth. “Sworn” means you take an oath. “Affirmed” means you make a solemn promise without a religious oath. Both have the same legal effect. Form 70V allows either. Tell the official which you prefer before you sign.
• Personal knowledge means you saw, heard, or did the thing you describe. Courts rely on personal knowledge for facts in an affidavit. In Form 70V, write what you know first-hand. Say how you know it. If you did not witness it, state the source of your information and your belief.
• Information and belief is when you rely on reliable sources for facts you did not personally witness. You might refer to a letter, a business record, or a conversation. If you use information and belief in Form 70V, say who told you, what you reviewed, and why you believe it is true. Some issues allow this. Some do not. Keep it clear and limited.
• Exhibit is a document you attach to prove or illustrate a fact in your affidavit. Each exhibit must be labeled (A, B, C, and so on). The official must sign or stamp an exhibit certificate linked to each exhibit. In Form 70V, refer to exhibits in the text by letter, and attach true copies behind the affidavit. Each exhibit should show the deponent’s initials and the official’s certificate.
• Style of cause is the caption at the top of the form. It lists the court, file number, and names of the parties. It must match the case exactly. In Form 70V, copy the style of cause from your existing court documents. Errors here can delay filing.
• Court file number is your case’s unique identifier. It ties your affidavit to the right proceeding. In Form 70V, include the correct number at the top. If you do not know it, check your earlier notices or the court registry before you sign.
• Service means delivering a filed document to the other parties in the case. After you complete Form 70V, you may need to serve it by the required method. You might also need an affidavit of service as proof. Your instructions or notice of motion usually tell you who to serve and when.

FAQs

Do you need to sign Form 70V in front of an official?

Yes. You must sign in front of a commissioner for oaths or a notary public. Do not sign at home and bring it in. The official must see you sign. The official will then complete the jurat and any exhibit certificates.

Do you have to swear on a religious text?

No. You can affirm instead of swearing. An affirmation has the same legal force as an oath. Tell the official which you prefer. The jurat will note whether you swore or affirmed.

Can you sign by video or remote commissioning?

In some situations, remote commissioning is allowed. It depends on local practice and the official’s process. Ask the commissioner or notary before you book. If remote commissioning is used, you still need proper ID and a clear video connection. The jurat must show the date and place of commissioning as directed by the official.

What ID do you need when you sign?

Bring valid government-issued photo ID. A driver’s licence or passport is standard. The official must confirm your identity. If you do not have photo ID, ask the office in advance about acceptable alternatives.

How do you attach exhibits to Form 70V?

Label each exhibit with a letter. Refer to the exhibit letter in the body of your affidavit. Place the exhibit certificate on or before the first page of each exhibit. The official must sign or stamp the certificate. Attach exhibits behind the affidavit in the order you reference them. Number the pages if they are not already numbered.

Can you correct a mistake after you sign?

If you have not filed yet, you can strike out the mistaken text, write the correction, and initial the change. The official must also initial the change. If you already filed or served it, prepare a new corrected affidavit and sign it again before an official. You may need to re-file and re-serve.

Do you need a separate witness besides the commissioner or notary?

No. The commissioner or notary is the only witness needed. Do not bring a friend to co-sign. If you use an interpreter, that person may need to sign a separate declaration. Ask the office ahead if you require interpretation.

How current should the facts be?

Use the most recent facts available. An affidavit does not expire, but courts expect timely evidence. If your hearing is weeks away and facts change, prepare a supplementary affidavit. Keep each affidavit focused on relevant, up-to-date facts.

Do you file the original or a copy?

File the original with the court unless you are instructed to e-file a scanned copy. Keep a copy for your records. If you file electronically, keep the original signed paper version in case the court asks for it later.

Can you include opinions or arguments?

No. Stick to facts. Do not argue your case in the affidavit. Save arguments for your written brief or oral submissions. If you include opinions, the court may ignore them or reject the affidavit.

Checklist: Before, During, and After the Form 70V – Affidavit

Before signing

• Confirm the correct court, style of cause, and court file number.
• Draft the affidavit in first person with numbered paragraphs.
• Check that each fact is relevant and necessary.
• Separate personal knowledge from information and belief.
• Gather exhibits and mark them A, B, C in order of first mention.
• Prepare exhibit cover pages or know where the certificate will go.
• Number exhibit pages if not already numbered.
• Verify dates, amounts, addresses, and names against source records.
• Remove argument, speculation, and hearsay unless permitted.
• Prepare a clear timeline if events span multiple dates.
• Bring valid government-issued photo ID.
• Arrange an interpreter if needed and confirm interpreter availability.
• Book an appointment with a commissioner or notary.
• Ask about remote commissioning if you cannot attend in person.
• Print clean copies on one side of the page, with room for the jurat.
• Leave space for the official’s stamp and exhibit certificates.
• Ensure every blank field is completed or marked “N/A” where suitable.
• Confirm whether any pages require initials at the bottom.
• Bring payment method for any commissioning fee.
• Plan how many copies you will need after signing.

During signing

• Do not sign until the commissioner or notary instructs you to sign.
• Confirm whether you are swearing or affirming.
• Show your ID when asked, and spell your name as it appears on the case.
• Review the caption, court file number, and party names one last time.
• Read each page as the official flips through to ensure nothing is missing.
• Correct any errors. Strike through, write the correction, and initial it.
• Ensure the official also initials each change.
• Sign in the space marked for the deponent’s signature.
• Watch the official complete the jurat with place and date.
• Check that the jurat states “sworn” or “affirmed” accurately.
• Attach exhibits in order and confirm each has a signed certificate.
• Make sure each exhibit is labeled and referenced in the text.
• Ask for the official’s stamp or appointment to appear clearly.
• Confirm page count and that all pages are present.
• Ask for copies if needed, or scan the executed affidavit promptly.

After signing

• File the affidavit with the correct court office or e-filing portal.
• Obtain a court-stamped copy for your records when possible.
• Serve the filed affidavit on all required parties.
• Use the required method of service and meet any timeline.
• Prepare and complete an affidavit of service if needed.
• Keep proof of service and the stamped copy together.
• Calendar any hearing dates and filing deadlines linked to the affidavit.
• If facts change, prepare a supplementary affidavit promptly.
• Store the original in a safe, accessible place.
• Protect any personal information. Redact where rules allow or require.
• Bring a copy (and sometimes the original) to the hearing.
• Track exhibit originals if you will need to present them to the court.
• If the court rejects the filing for a technical reason, fix it and re-file.

Common Mistakes to Avoid Form 70V – Affidavit

• Signing before an authorized official
• Don’t sign at home and bring it in. If you do, the affidavit is invalid. The court can reject it. You will have to redo it, and you risk missing deadlines.
• Mixing argument with facts
• Don’t argue your case in the affidavit. Stick to facts you know, in plain language. If you include argument, the court may disregard parts of your affidavit. It can weaken your position.
• Using hearsay without context
• Don’t repeat what someone told you without naming the source or basis. If you rely on information and belief, identify the source and why you believe it. Unexplained hearsay can be struck or given little weight.
• Forgetting exhibit certificates
• Don’t attach documents without proper labels and certificates. Each exhibit needs an exhibit certificate signed by the official. Missing certificates can cause rejection at filing or at the hearing.
• Wrong style of cause or court file number
• Don’t guess at the caption details. Copy them from your last filed document. A wrong file number can send your affidavit into the wrong case. That can delay your matter.
• Missing or incorrect jurat details
• Don’t leave the place or date blank. The jurat must show where and when you swore or affirmed. A defective jurat can make the affidavit unusable. Fix it immediately with the official.

What to Do After Filling Out the Form Form 70V – Affidavit

1) File the affidavit

Submit the executed affidavit to the correct court office. Follow the filing method used in your case, whether in-person or electronic. Bring or upload all pages, including exhibits. If you file in person, ask for a stamped copy. If you e-file, save the confirmation.

2) Serve the other parties

Deliver a filed copy to each required party. Use the service method required for your case. Pay attention to any service deadline tied to a motion date or hearing. If an affidavit of service is required, prepare and sign it before an authorized official, then file it.

3) Confirm the court record

After filing, confirm the document shows in the court record. If you do not receive confirmation, contact the registry to check status. Keep your receipt and any reference numbers. Verify that the system recorded the correct document title and date.

4) Prepare for the hearing

Review your affidavit and exhibits before the hearing. Tab exhibits for quick reference. Prepare a short outline of key paragraphs and exhibit letters you will rely on. Bring extra copies to court in case the judge or the other side needs one.

5) Handle new or corrected facts

If you discover an error or new facts arise, act quickly. If you have not filed or served yet, correct the draft and re-sign. If you have filed or served, prepare a new affidavit or a supplementary affidavit. File and serve it within the required timelines. Make it clear what is new or corrected.

6) Distribute to collaborators

If you work with counsel or a colleague, share the stamped copy and proof of service. Flag any sensitive information. Keep everyone aligned on the facts and exhibit references. Use the same exhibit letters across related affidavits to avoid confusion.

7) Secure the original and exhibits

Store the original signed affidavit and exhibit originals safely. Some exhibits may need to be brought to the hearing as originals. Track chain of custody for key documents. Do not alter the signed affidavit after filing.

8) Update your case calendar

Record hearing dates, response deadlines, and any follow-up tasks. Note when reply affidavits are due, if applicable. Set reminders for service cut-offs and preparation milestones.

9) Address confidentiality

If the affidavit contains sensitive information, review whether you should request a sealing order or file a redacted public version. Follow the court’s process to protect private data. Keep unredacted versions secure.

10) Plan for future affidavits

If your case will involve multiple steps, keep a running log of facts and documents. This will make your next affidavit faster and cleaner. Keep exhibit letters consistent across affidavits where possible, or clearly identify any renumbering.

11) Troubleshoot filing issues

If the registry rejects the affidavit, ask why. Common reasons include missing jurat details, unmatched style of cause, or incomplete exhibits. Fix the issue the same day if possible. Re-file and re-serve promptly to stay on schedule.

12) Coordinate with interpretation or accessibility

If you required an interpreter to sign, you may need the interpreter available at the hearing. Confirm any accessibility accommodations early. Ensure all parties know if interpretation will be used.

13) Maintain professional tone in all follow-ups

Any correspondence that refers to your affidavit should stay factual and respectful. Avoid embellishment or argument outside formal submissions. Keep everything consistent with the affidavit’s contents.

14) Track costs

Record any commissioning fees, filing fees, and service costs. You may need to account for them later. Keep receipts with your case file.

15) Plan for cross-examination, if requested

In some cases, the other side may request to cross-examine you on your affidavit. If you receive such a request, confirm timing and location. Review your affidavit thoroughly. Bring your exhibits and source documents. Answer questions directly and truthfully.

16) Consider a summary of key points

For complex affidavits, prepare a one-page summary that lists paragraph numbers and the exhibits each point relies on. This helps you, the court, and the other side follow your evidence efficiently.

17) Keep communications organized

File your correspondence, court confirmations, and proofs of service with the affidavit materials. Use clear file names that include the date and document type. This saves time when you need to locate something fast.

18) Monitor settlement or resolution options

After filing, you may receive proposals to resolve the issues. Keep your affidavit handy when you evaluate offers. Confirm that any proposal aligns with the facts you set out. If settlement occurs, clarify whether the affidavit will still be used or can be held in abeyance.