SJ 1139A – Affidavit (Quebec)

Jurisdiction: Country: Canada | Province or State: Quebec

What is a SJ 1139A – Affidavit (Quebec)?

The SJ 1139A is the standard court form you use in Quebec to make a sworn written statement of facts. It lets you present facts you know personally, or facts you believe to be true and explain why, in a formal way the court can rely on. You sign it under oath or solemn affirmation in front of a recognized official, such as a commissioner for oaths, a lawyer (who is a commissioner ex officio), a notary, a clerk of the court, or another authorized person. The signature confirms you understand that lying is a serious offense.

You use this affidavit to put factual information before the court without testifying in person at that moment. The court may ask for an affidavit to support a request, to confirm details, or to attach documents as evidence. In many civil steps, the judge relies on what is in the affidavit to make procedural or interim decisions. That is why accuracy and clarity matter.

Who typically uses this form?

Individuals, small business owners, landlords, tenants, contractors, collection agents, insurers, and corporate representatives. If you are self-represented or appearing without a lawyer, you can still use this form. If you act for a company, your affidavit should say how you know the facts and that you are authorized to sign for the company.

Why would you need this form?

You need an affidavit whenever the court requires sworn facts to support or oppose a request. Think about requests for default judgment, proof of service, urgent measures, or attaching exhibits (like invoices or photos) in a way that confirms they are genuine. The affidavit becomes part of the court record. It can reduce disputes about what is true, and it gives the judge a clear summary.

Typical usage scenario:

Supporting a motion for a safeguard order, confirming that a defendant received court papers, proving how much is owed on an unpaid invoice, showing efforts you made to resolve a dispute, authenticating emails or text messages, explaining why a witness cannot attend a hearing, or laying out a timeline of events in a small claims case. You can also use it to confirm facts for administrative steps in a file, like filing exhibits after a case conference, or proving service by an adult third party when a bailiff did not serve.

The SJ 1139A is a blank affidavit template with space for your identity, your statements of fact, and the jurat (the section the commissioner completes to confirm your oath or affirmation). You attach your documents as exhibits and refer to them in the text. Complete it in English if you are more comfortable in English. If you prefer French, use the French version of the form. If a document is in another language, add a translation or explain the content so the judge can understand it.

When Would You Use a SJ 1139A – Affidavit (Quebec)?

You use an affidavit whenever a judge needs sworn facts to make a decision outside live testimony. If you are a landlord seeking unpaid rent, you use an affidavit to state the lease terms, the rent schedule, the arrears, and attach the ledger and the lease as exhibits. If you are a tenant defending a claim, you use it to set out repair issues, notices sent, and photos of the apartment conditions, and attach dated photos and messages. If you are a contractor, you lay out the contract, the work performed, the change orders, and the balance due, with invoices and emails attached. If you are a consumer, you describe the defect, your requests for repair, and your out-of-pocket expenses, with receipts and correspondence attached.

You also use this form to prove service. If a friend or colleague served the documents (and is an adult and not a party), that person completes an affidavit describing when, where, and how they handed the papers to the other side. If you used a bailiff, the bailiff may file a separate proof of service, but you can still file your own affidavit if the judge asks for more detail. Courts rely on clear proof of service to move a case forward, including to grant default judgment if the other side never responded.

If you seek a provisional or safeguard measure, such as a short-term order to stop a harmful act or preserve a situation, you support your request with an affidavit. You explain what is urgent, what harm you face, and why damages later would not be enough. You attach proof like letters, photos, expert notes, or screenshots. Judges often decide urgent requests based mainly on affidavits and exhibits, because there is no time for a full hearing.

Businesses use affidavits to confirm corporate facts, such as the role and authority of the representative, the number of employees for small claims eligibility, or the accuracy of account statements. Insurers use them to summarize claim handling, attach policy excerpts, and verify payment histories. Collection agencies use them to authenticate assignment documents and confirm the amount owed. If you are an employee swearing for your company, you say how your role gives you knowledge, such as “I am the credit manager” or “I keep the company’s accounts receivable records.”

You can also use an affidavit to present evidence when a witness cannot attend. A technician can swear to authenticate logs. A building superintendent can confirm access attempts. A neighbor can confirm what they saw and when. The judge decides how much weight to give written statements compared to live testimony, but an affidavit can still help establish the core facts early.

Finally, the court may ask for an affidavit to clarify issues. If a judge needs details about compliance with a previous order, your efforts to settle, or the chain of emails you rely on, the court can set a deadline for you to file an affidavit with attachments. Meeting the deadline with a complete affidavit avoids delays and keeps your case moving.

Legal Characteristics of the SJ 1139A – Affidavit (Quebec)

An affidavit is legally binding because you swear or affirm that the contents are true. You do this in front of an authorized official who confirms your identity and that you took the oath or affirmation. The official signs the jurat. This process gives the document legal force. If you lie, you risk criminal penalties for perjury and court sanctions for abusing the process. That is why you should only include facts you know, or facts you believe to be true with your reasons.

What ensures enforceability is form and substance?

On form, the affidavit must identify you, state your address, and say that you are swearing or affirming. It must be signed by you and by the commissioner for oaths, notary, lawyer, clerk, or other authorized official. The jurat must show the date and place where the oath or affirmation occurred and the official’s name and capacity. On substance, the affidavit should be clear, numbered, and limited to facts. When you rely on documents, attach them as exhibits and refer to them in the text. The official should initial or stamp the exhibits and you should initial them too. This links the exhibits to your affidavit.

Quebec procedure expects affidavits to present facts within your personal knowledge. For some requests—especially urgent or exceptional ones—the court expects first-hand facts and clear proof. If you include information you learned from someone else, say who told you, when, and why you believe it. The judge decides how much weight to give hearsay. Focus on what you saw, did, received, sent, or recorded in your work.

Language and comprehension also matter. You must understand what you are swearing. If you do not understand the language of the affidavit, you need an interpretation. The commissioner can record that an interpreter was present. You can swear or affirm. An affirmation has the same legal effect as an oath. If you swear remotely by videoconference, follow the current court rules and the commissioner’s instructions, which usually require real-time video, identity verification, and a statement in the jurat that the oath was administered remotely.

Certain content should not appear. Do not include confidential personal identifiers (like full social insurance numbers) unless essential. If you must include sensitive information, consider redactions or ask the court for confidentiality measures. Do not argue the law in your affidavit. Save legal argument for your written submissions or the hearing. Keep the affidavit factual and neutral. Avoid speculation, opinions, and insults. Judges value calm, precise statements supported by documents.

Finally, remember that an affidavit is part of the public court record unless the court orders otherwise. Draft it with that in mind. Do not attach excessive materials. Use only what you need to prove your point. Organize exhibits logically and label them clearly. A clean, credible affidavit strengthens your position and respects the court’s time.

How to Fill Out a SJ 1139A – Affidavit (Quebec)

Follow these steps to complete the SJ 1139A accurately and efficiently.

1) Gather your facts and documents

• List the key facts you need the judge to know. Focus on dates, amounts, events, and who did what.
• Collect documents that prove those facts: contracts, invoices, emails, texts, receipts, photos, logs, letters, notices, tracking pages, and account statements.
• Put documents in chronological order. Mark them Exhibit A, B, C, and so on. Keep a clean set for filing.

2) Complete the court header

• Court and district: At the top, identify the correct court and judicial district for your file. Use the same district as the case.
• File number: Add the court file number if one exists. If you are starting a process that requires an affidavit with your initial documents, leave it blank if you do not have a file number yet and fill it in when assigned.
• Style of cause: Write the names of the parties exactly as they appear in the case. If you act for a company, include the legal name.

3) Identify yourself (the affiant)

• Full legal name: Use your complete name as it appears on your ID.
• Address and contact information: Provide your civic address. You can include your phone and email if the form provides space.
• Occupation and role: State your job and your relationship to the case, such as “plaintiff,” “defendant,” “property manager,” or “accounts receivable clerk.”
• Authority (if signing for a company): Include a sentence such as, “I am authorized to make this affidavit on behalf of [Company Name].”

4) Choose oath or affirmation

• The form accommodates both. Decide whether you will swear an oath (with a religious reference) or make a solemn affirmation. Both are equally valid.
• Do not sign yet. You will sign in front of the commissioner or authorized official.

5) Draft your statements of fact

• Use short, numbered paragraphs. Each paragraph should address one fact or event.
• Start with how you know the facts. Example: “I have personal knowledge of the facts stated in this affidavit.”
• Present the timeline. Include key dates, amounts, places, and names. Be precise.
• Refer to exhibits within the text. Example: “A copy of the invoice dated May 3, 2024 is attached as Exhibit A.”
• If any fact is based on information and belief, say so and explain the source. Example: “Based on the delivery confirmation received from [courier], which I reviewed in the ordinary course of my duties, I believe the package was delivered on June 12, 2024. A copy is attached as Exhibit B.”

6) Prepare and label exhibits

• Use clear labels: “Exhibit A,” “Exhibit B,” etc. Put the label on the first page of each exhibit.
• Keep each exhibit complete and legible. Do not cut off headers, footers, or signatures.
• If an exhibit has many pages, add page numbers. Consider a brief cover page for the exhibit if it helps the reader.
• If you include emails or texts, show dates, times, and participants. If you include photos, note the date and what the photo shows.
• Redact non-essential personal data (like full credit card numbers). Leave the relevant content visible.

7) Review for clarity and completeness

• Read every paragraph. Ask yourself, “Can a judge understand exactly what happened from this sentence?”
• Remove opinions, arguments, and adjectives. Keep it factual and neutral.
• Check that every document you rely on is attached and referenced.
• Confirm names and amounts are consistent across the affidavit and exhibits.

8) Arrange to swear or affirm

• Book a meeting with a commissioner for oaths, a notary, a lawyer, a court clerk, or another authorized official. Many offer in-person and remote appointments.
• Bring government-issued photo ID. Have a clean printed copy of your affidavit and the exhibits, or follow the official’s instructions for an electronic swearing if allowed.
• If you need an interpreter, arrange one. The commissioner should record the interpreter’s presence if used.

9) Sign in front of the official

• Do not sign before the appointment. You must sign in the official’s presence.
• The official will confirm your identity, administer the oath or affirmation, and watch you sign.
• Initial each page of the affidavit and each exhibit. The official should also initial or stamp each exhibit to link them to your affidavit.

10) Ensure the jurat is complete

• The jurat is the section where the official certifies the oath or affirmation.
• It must state: the date and city where the affidavit was sworn or affirmed; the official’s name and capacity (e.g., commissioner for oaths, notary); and the official’s signature. If the official uses a stamp or includes a commission number or expiry, that goes here as well.
• If the oath was administered by videoconference, the jurat should note that it was done remotely and the location of both you and the official, if required by current practice.

11) Make copies and file

• Keep the original for filing, plus at least one copy for your records. If filing electronically, follow the court’s file format and naming rules.
• File the affidavit with the court registry under your case number, or attach it to the motion, application, or request it supports.
• Serve the other side unless the court exempts you. Use the same method of service the rules require for the step you are taking.

12) Prepare to answer questions

• Be ready to explain or clarify your affidavit at a hearing. The judge may ask questions about your knowledge and the exhibits.
• If you need to correct a mistake, prepare a new affidavit that clearly corrects the error and explains the change. Do not alter a sworn affidavit.

Practical drafting tips:

• Keep paragraphs short. One idea per paragraph. Use plain language.
• Use active voice: “I delivered the notice on March 1” instead of “The notice was delivered.”
• Use consistent defined terms. If you call a document the “Contract,” use that term throughout.
• Avoid duplication. If a fact appears in an exhibit, still summarize it briefly in the affidavit and point to the exhibit.
• Mind timelines and deadlines. If a judge asked for an affidavit by a specific date, file on time. Late filings may be rejected or ignored.

Special content to include in common scenarios

• Proof of service: State who served, their age, the exact date, time, and method, the address, a description of the person served (if personal service), and attach any delivery receipts or acknowledgments as exhibits.
• Unpaid debt or invoice: Set out the agreement, the goods or services provided, the price, credits, and payments received. Include a running statement of account. Attach the contract, invoices, delivery slips, and correspondence.
• Property or lease dispute: Describe the property address, the lease start date, rent amount, payments made, notices given, and the condition issues. Attach the lease, ledgers, photos, and notices.
• Urgent relief: Explain why the situation is urgent, what harm you face, why money cannot fix it later, and why your requested order is necessary and limited to what you need now. Attach contemporaneous evidence, not just summaries.
• Corporate representative: State your title, your responsibilities, how you keep records in the ordinary course of business, and that the exhibits are true copies from your files.

Common Mistakes to Avoid

• Signing before meeting the official. This invalidates the affidavit.
• Mixing argument with facts. Keep arguments for submissions.
• Vague statements like “He is always late.” Give dates and amounts instead.
• Missing exhibits or mismatched labels. If you reference Exhibit C, there must be a labeled Exhibit C attached.
• Illegible scans or photos. If the judge cannot read it, it does not help you.
• Including confidential data without reason. Redact what is not needed.

Final check before filing

• Header, parties, and file number match the case.
• Your name and address are correct.
• Numbered paragraphs tell a clear, chronological story.
• Every factual assertion you need is supported by an attached exhibit or by your personal knowledge explained in the text.
• Jurat is complete with date, place, official’s name and capacity, and signatures.
• Exhibits are labeled, initialed, and legible.

If you follow these steps, your SJ 1139A will be clear, compliant, and useful to the judge. You will present your facts in a format the court can trust, while avoiding delays caused by technical errors.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts you swear or affirm as true. SJ 1139A is the form you use to make that sworn statement. The court relies on it to understand facts within your knowledge.
• Deponent is you, the person who swears or affirms the affidavit. Your role is to tell the truth about facts you personally know. You sign the form in front of an authorized officer.
• Oath or affirmation is the formal promise you make when signing. An oath refers to a religious promise. An affirmation is a solemn, non-religious promise. Both have the same legal effect on SJ 1139A.
• Commissioner for oaths is a person authorized to administer your oath or affirmation. Many legal professionals hold this authority. You must sign SJ 1139A in this person’s presence.
• Notary is another professional who can administer the oath or affirmation. In Quebec, notaries have distinct authority to receive oaths. You can sign SJ 1139A before a notary instead of a commissioner for oaths.
• Jurat is the block at the end of the affidavit, below your signature. It records the date, place, and name of the officer who administered your oath or affirmation. It proves the affidavit was properly sworn.
• Exhibit or annex is any document you attach and refer to in the affidavit. Each exhibit should be labeled, usually by letter, and identified in the text. The officer should sign or stamp each exhibit page.
• Personal knowledge means facts you know first-hand. It is stronger than information you heard from others. When you use information from others, identify it as such in SJ 1139A.
• Perjury or false statement means knowingly lying in a sworn statement. It has serious legal consequences. It can damage your case and may lead to penalties.
• Venue is the place where you swear the affidavit. On SJ 1139A, you must enter the correct city or town. It must match where you meet the officer.
• Interpreter is a person who helps if you do not understand the language used. If you need one, say so and ensure the officer records the interpreter’s role. The process must confirm you understood every statement you signed.

FAQs

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

You can use either. Both can administer your oath or affirmation for SJ 1139A. Pick the option that is easiest to access. Confirm the officer’s authority before your appointment. Bring government-issued ID. The officer will note their name and capacity in the jurat. That confirms the affidavit was properly sworn.

Do you have to sign in front of the officer?

Yes. You must sign SJ 1139A in the officer’s presence. Do not sign in advance. The officer needs to see you sign and confirm your identity. If you already signed, the officer will ask you to sign again. The officer then completes and signs the jurat. That step makes the affidavit valid.

Can you swear the affidavit by video?

Remote swearing may be available. Ask the officer if they offer it and what steps they require. You will need clear photo ID and a quiet, private space. The officer may ask you to initial every page on camera. Some officers add a note that the oath occurred remotely. Follow the officer’s checklist to avoid defects.

Do you need original documents for exhibits?

True copies are often acceptable. Attach clear, legible copies and keep the originals safe. Label each exhibit and refer to it in the text. The officer should sign or stamp each exhibit page. If the court needs originals later, you can bring them to the hearing. Avoid attaching bulky materials unless necessary.

What if you find an error after signing?

Do not alter a sworn affidavit. You can prepare a new affidavit with the correct facts. If the mistake is small and you have not sworn yet, draw a single line through it, write the correction, and initial it. Once sworn, use a fresh affidavit or a short supplementary affidavit to fix the issue.

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

Use an interpreter if you are not fully comfortable. You must understand every statement before you swear. Tell the officer you need an interpreter. The officer may record the interpreter’s details and add a note. If you cannot secure an interpreter, wait until you can. Your understanding is essential.

How recent should the facts be in your affidavit?

Use current facts when possible. There is no fixed expiry, but stale facts carry less weight. If events have changed, prepare a new affidavit or a supplement. Judges prefer precise dates and recent information. Avoid vague timelines. Clear, recent facts strengthen your position.

Do you have to serve the affidavit on the other party?

Usually, yes, when the affidavit supports a step in your case. File SJ 1139A with the court that handles your matter. Then serve a copy on the other party as the rules require. Keep proof of service. If you are unsure, consult the rules for your specific procedure and meet any deadlines.

Checklist: Before, During, and After the SJ 1139A – Affidavit (Quebec)

Before signing

• Confirm why you need the affidavit and which facts matter.
• Gather the case file number and court location details.
• Prepare a clean draft with clear, numbered paragraphs.
• Use precise dates, places, amounts, and names.
• Gather exhibits and label them in order (A, B, C).
• Make readable copies of each exhibit for attachment.
• Bring government-issued photo ID.
• Decide whether you will take an oath or an affirmation.
• Book an appointment with a commissioner for oaths or notary.
• Confirm whether remote swearing is available if needed.
• Arrange an interpreter if you need language support.
• Leave blank any parts the officer must complete in the jurat.
• Do not sign yet.

During signing

• Verify your full legal name, address, and contact details.
• Check the case file number and court details for accuracy.
• Confirm the city or town where you will swear the affidavit.
• Review every paragraph for accuracy and clarity.
• Ensure each exhibit is labeled and referenced in the text.
• Ask the officer how they want exhibits affixed and marked.
• Sign each required signature line in the officer’s presence.
• Initial every page, including exhibit pages if requested.
• Confirm the officer completes the jurat fully and legibly.
• Check the date, place, and officer’s name and capacity.
• If remote, follow the officer’s identity and page-review steps.
• If changes are needed before swearing, line through and initial.
• Do not leave with unstamped or unsigned exhibits.

After signing

• Make a clean copy for your records.
• File the original or the required copy set with the court.
• Serve the other party as the rules require.
• Keep proof of filing and proof of service together.
• Store the original in a safe, accessible place.
• Calendar any deadlines linked to this affidavit.
• If facts change, prepare a supplementary affidavit as needed.
• Keep exhibits organized for hearings or settlement talks.
• Protect confidential details when sharing copies.
• If you filed electronically, keep the e-filing confirmation.

Common Mistakes to Avoid SJ 1139A – Affidavit (Quebec)

• Don’t sign before you meet the officer. Pre-signing makes the affidavit invalid. You must sign in front of the officer. If you already signed, expect to re-sign during the appointment.
• Don’t skip exhibit labeling. Unlabeled attachments confuse the record. Label each exhibit and reference it in the text. The officer should sign or stamp every exhibit page.
• Don’t use vague timelines or rounded facts. Vague statements weaken your affidavit. Use exact dates, amounts, and names. If you do not recall, say so clearly and explain why.
• Don’t alter a sworn affidavit. Any changes after swearing create defects. Use a new affidavit or a supplementary affidavit to correct errors. Do not white-out or rewrite text.
• Don’t forget the jurat details. Missing date, place, or officer information can cause rejection. Review the jurat before you leave. Confirm the officer’s name and capacity are shown.

What to Do After Filling Out the Form SJ 1139A – Affidavit (Quebec)

1. Swear or affirm the affidavit. Book time with a commissioner for oaths or a notary. Bring photo ID, the unsigned affidavit, and exhibits. Sign in their presence and ensure the jurat is complete.
2. File with the correct court. File the original or the required copies with the court that handles your matter. Use the filing channel required for your case. That could be in person, by mail, or electronically, as permitted.
3. Serve the other party. Provide a copy of the sworn affidavit and exhibits to the other party. Use the service method allowed for your procedure. Keep proof of service for the court record.
4. Track deadlines. Your affidavit may support a motion or response with strict timelines. Mark the filing and service deadlines on your calendar. Build in time for corrections if needed.
5. Protect confidentiality. Your affidavit may include personal data. Share it only with the court and parties involved. Redact sensitive identifiers where permitted. Keep your originals secure.
6. Update if facts change. If new facts arise, prepare a supplementary affidavit. Keep it concise and focused on the new information. Refer to the original affidavit for context when helpful.
7. Correct defects the right way. If you spot a defect, do not alter the sworn pages. Prepare a new, corrected affidavit. Explain the correction briefly and attach any updated exhibits.
8. Prepare for your hearing. Bring a copy of your affidavit and exhibits to any hearing. Tab your exhibits in order. Be ready to point the court to key paragraphs by number.
9. Keep organized records. Store your sworn affidavit, exhibits, proof of filing, and proof of service together. Note the date and place of swearing. These details help if questions come up later.
10. Confirm acceptance. If you file electronically, confirm the court accepted the filing. If you filed in person or by mail, verify the court has placed it on the record. Resolve any issues promptly.
11. Plan translations if needed. If any party needs another language, consider a certified translation of the affidavit or key exhibits. Keep both versions aligned in pagination and labels.