What is an "affidavit"?

This word, commonly used in law, and in particular in the area of litigation (court proceedings), is widely misunderstood.

An affidavit is a sworn statement, in writing. The "deponent" (the person "making" the affidavit) provides facts which can constitute evidence for the purposes of a court proceeding. In Ontario family court, many decisions are made by Judges every day based on affidavit evidence. In other words, the actual deponents (witnesses), whether parties to the court case or not, do not appear at court and give oral evidence. Their written evidence (affidavits) are relied on by the Court to arrive at its decision.

In Ontario family court, affidavits have to be made in a certain, prescribed form (pursuant to the Family Law Rules or other, relevant legislation).

Affidavits are often accompanied by Exhibits, being other documents which are appended to the affidavit and form a part of it (by direct reference to them in the affidavit itself). These Exhibits are also evidence for the purposes of a court proceeding.

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