How To Word an Affidavit

Key Takeaways

• An Affidavit is a sworn written statement of facts that carries the same weight as in-court testimony and must be truthful.

• It should be written in the first person, focus only on facts you know firsthand, and follow a clear, numbered format.

• Key elements of an Affidavit include a heading, an introduction, facts in chronological order, any referenced exhibits, and a statement of truth.

• Common mistakes to avoid when wording an Affidavit are using opinions, emotional language, guesses, absolute terms, accusations without proof, or unnecessary details.

• Start drafting your Affidavit today with NotaryPro’s free customizable Affidavit template for a professional and court-ready document.

If you’ve been asked to write an Affidavit, you might be feeling nervous or unsure about where to start. How formal does an Affidavit need to be? What details should you include? And what if you make a mistake?

The good news is that Affidavits don’t need to be complicated or intimidating. With the right structure and a clear focus on the facts, you can create one that’s both professional and easy to understand.

In this guide, we’ll walk you through how to word an Affidavit, from a step‑by‑step breakdown to common mistakes to avoid.

What Is an Affidavit?

An Affidavit is a written statement of facts that you confirm to be true under oath or affirmation. This usually means swearing on a religious book, such as the Bible, or making a non‑religious promise (affirm) to tell the truth. Once sworn or affirmed, your Affidavit carries the same weight as if you were testifying in a courtroom.

A strong Affidavit:

• Must be written in the first person (“I”)
• Must only set out facts you know personally, such as what you saw, heard, did, or said
• Must identify the source of any information that is not within your direct knowledge
• Must only include details that are relevant to the decision the court needs to make
• May have supporting documents or photographs (these are called exhibits)

An Affidavit can be prepared by someone directly involved in a matter, or by another person who knows the facts firsthand. In both cases, the person writing an Affidavit is called the affiant. Because it’s a sworn document, accuracy is critical.

Since the statements you make in an Affidavit are made under oath, any false or misleading statement can result in serious consequences. According to the Criminal Code of Canada, knowingly making false statements under oath may even result in a perjury charge.

Why Affidavits Matter

Affidavits are powerful because they are sworn statements of fact, used as formal evidence in legal and administrative proceedings. By putting your statement in writing under oath, you add both weight and credibility to your claims.

Here’s why Affidavits are so important:

1. Legal Weight and Evidence

Since Affidavits are sworn under oath, they carry the same authority as testimony given in person. Courts often rely on them when a witness can’t attend or when written documentation is required. They are frequently used to support motions, claims, and applications submitted to the government or for other administrative purposes.

2. Clear and Formal Documentation

Affidavits offer a structured way to present facts. They provide clarity, help establish key details, and are often used to replace lost documents or confirm important events or circumstances.

3. Verification and Authentication

Most Affidavits are notarized, which means an authorized official, like a notary public, verifies your identity and witnesses your signature. This extra step adds credibility and ensures your statements were made by you, so they’re trustworthy and legally valid.

4. Wide Range of Uses

Affidavits are used in many situations, including:

• Court proceedings: supporting motions or setting out evidence, small-claims court service difficulties, Human-Rights or Labour Tribunal complaints, Workers’ Compensation appeals.
• Estate processes: confirming heirship, proving residence, or transferring property ownership when formal documentation is missing.
• Immigration: supporting visa applications or proving family relationships, confirming common-law unions, verifying translations, or documenting residency days when records are incomplete.
• Business and finance: verifying expenses, addressing identity theft, or documenting service of process.
• Benefits and pension applications: confirming marital status, years of residence, or separation for programs like OAS, CPP, and provincial benefits.
• Statistics and identity proof: swearing to details for change-of-name applications, correcting vital records, or proving common-law partnerships when no formal certificate exists.
• Property and motor vehicles: replacing lost or destroyed property titles, confirming family relationships for vehicle transfers, or declaring a principal residence for tax purposes.
• Passports and Travel: acting as a guarantor substitute, confirming custody or consent for a child’s passport, or declaring the loss of a travel document.
• Missing documents: swearing to the loss of records such as passports, PR cards, share certificates, or citizenship documents to allow reissuance and prevent misuse. 
• Government applications and administrative processes: providing sworn statements for a wide range of public services, licensing, or permit applications when standard documentation needs official clarification.

In short, Affidavits are reliable legal tools that help ensure transparency, accountability, and legal validity in situations where facts matter most.

How to Word an Affidavit: Step‑by‑Step

As long as your Affidavit includes the proper elements and is signed and sworn before a notary, it will be valid. We offer many free Affidavit templates to help get you started. That said, writing an Affidavit may feel intimidating, especially if you’ve never done so before.

Here are the steps you should follow to word an Affidavit correctly: 

1. Add the Heading and Title

At the top, include the title of your Affidavit. If your Affidavit is for an open court case, add a case heading, which should list:

• The court name
• The case number
• The names of the parties involved

2. Introduce Yourself and Say You’re Making an Oath

As the affiant, you need to introduce yourself in the first person and provide basic details. Include your full legal name, address, and occupation.

Example:

“I, Sarah Jones, of 123 Main Street, Ottawa, Ontario, make oath and say as follows…”

3. Present the Facts in Numbered Paragraphs

Unlike ordinary writing, Affidavits are not written in essay‑style paragraphs. Each paragraph should be numbered and contain a single fact, laid out in clear, simple language.

• Use chronological order where possible.
• Keep legal jargon to a minimum.
• Stay neutral: no drama, no emotional or inflammatory language.
• Clearly identify the source of any fact you did not personally witness.

At the end of the facts, some Affidavits use the phrase:

“Further the affiant sayeth naught.”

This simply means you have nothing more to add.

4. Attach and Reference Exhibits

If you need to provide documents, photographs, or other evidence, attach them to your Affidavit as exhibits. Exhibits are supporting materials that back up your statement. Label them as Exhibit A, B, C, etc., and refer to them in your Affidavit.

Example:

“Attached as Exhibit ‘A’ is a true copy of the lease agreement dated June 1, 2024.”

5. Include a Statement of Truth

End your Affidavit with a simple statement confirming that everything you’ve written is true.

Example:

“I believe the facts stated in this Affidavit are true to the best of my knowledge.”

6. Sign Before a Notary or Commissioner

You must sign your Affidavit in front of a notary public or commissioner of oaths. They’ll add a section called the jurat, which confirms when and where you signed and that you swore the contents were true. Think of the jurat as the official stamp of approval that makes your Affidavit legally valid.

Common Mistakes to Avoid When Writing an Affidavit

Even if you follow the right structure, certain mistakes can weaken your Affidavit or even make it inadmissible. Here are the most common errors and how to avoid them.

Including Opinions Instead of Facts

An Affidavit must set out facts you know firsthand: what you saw, heard, said, or did. So, avoid any statement of speculation, opinion, or personal conclusions.

• Instead of: “She must have been drunk when she got home.”
• Write: “When she came home, she staggered while walking and her speech was slurred.”

Using Emotional or Inflammatory Language

Judges want facts and clear information, not drama or emotional commentary. Thus, avoid using disrespectful or emotional wording.

• Instead of: “He is a terrible father who deliberately hurts our child.”
• Write: “The father often cancels without notice. My log shows this happens about 50 percent of the time.”

Guessing Someone’s State of Mind

Stick to what you observed, and not what you think was happening in someone’s head.

• Instead of: “She was clearly angry with me.”
• Write: “She raised her voice and slammed the door during our conversation.”

Using Absolute Words Like “Always” or “Never”

Sweeping statements such as “always” or “never” make you sound less credible. Instead, be specific with examples or dates.

• Instead of: “She always lies about her income.”
• Write: “On June 5 and July 10, she stated she was unemployed, but I later saw her working at [Company Name].”

Arguing Instead of Presenting Facts

Your Affidavit should inform, not persuade with opinions.

• Instead of: “It’s unfair that he gets visits even though he doesn’t pay support.”
• Write: “He is three months behind on child support but continues to have visits every other weekend.”

Accusing Without Evidence

Don’t write accusations you can’t back up with proof.

• Instead of: “They stole $200 from my wallet.”
• Write: “On May 15, I had $200 in my wallet on the kitchen counter. After they visited, the money was missing.”

Leaving Out Important Details

Accuracy matters. Be sure to include the who, what, when, where, and how.

• Instead of: “I loaned her money last year.”
• Write: “On September 10, 2024, I loaned her $500 by e‑transfer. The funds were sent at 3:42 PM.”

Making The Affidavit Too Long or Unfocused

Courts don’t want an Affidavit full of unnecessary detail. As much as possible, stay focused on facts that are relevant to your case. The limit for an Affidavit is up to 25 pages.

Poor Presentation

Small errors can make an Affidavit look careless. Some signs of a poorly written Affidavit include:

• Forgetting to number paragraphs or pages
• Leaving out dates, names, or amounts
• Using messy handwriting or typos that make it hard to read

Pro Tip: Before you finalize your Affidavit, ask yourself: Does this fact help the judge understand or decide my case? If not, leave it out.

Making Your Affidavit Count

An Affidavit is your sworn evidence, treated with the same weight as if you were giving testimony in court. By focusing on clear facts, organizing your information properly, and avoiding common mistakes, you can word an Affidavit that’s professional and persuasive.

To make the drafting process easier, we offer free, customizable Affidavit templates tailored to a variety of different situations. Our Affidavit templates were drafted by legal professionals, so you can feel confident that they contain all the elements required.

One important step is to have it properly sworn before a notary public to make it legally valid. We make that process quick and stress‑free, too! You can meet with one of our notaries online and sign your Affidavit in 7 minutes, from anywhere with Wi-Fi.

So, are you ready to complete and commission your Affidavit? Book an appointment with us today and have it sworn quickly and correctly.