Affidavit

An affidavit is a written statement of facts that the maker (the deponent or affiant) swears or affirms to be true before a person authorized to administer oaths, such as a commissioner for taking affidavits or a notary public. Exhibits, that is documents referred to in the affidavit, are attached and identified. A false affidavit exposes the deponent to prosecution for perjury.

Affidavits are the standard way evidence is placed before Canadian courts on motions and applications, where witnesses do not usually testify in person; deponents may then be cross-examined on their affidavits. Rules generally require affidavits to state facts within the deponent's personal knowledge, with information and belief (with the source identified) permitted in limited circumstances. Careful affidavit drafting, confined to admissible facts rather than argument, is a core litigation skill.