RULE 49 – AFFIDAVITS
Affidavit to be filed
(1) An affidavit used in a hearing or trial must be filed.
Form and content of affidavit
(2) An affidavit shall
(a) be expressed in the first person and show the name, address and occupation of
(b) if the deponent is a party or the lawyer, agent, director, officer or employee of a
party, state that fact,
(c) be divided into paragraphs numbered consecutively,
(d) be in Form 59, and
(e) when containing more than one exhibit, have tabs placed on the first page of
each exhibit, so the exhibits may be readily located.
(3) An affidavit, other than an affidavit of service or of delivery, must be endorsed, in the
top right hand corner of the title page, with
(a) the initials and surname of the deponent,
(b) the sequential number of the affidavit made by that deponent in the same
(c) the date on which the affidavit was made,
as in the following example:
J. Doe #3
July 24, 2000.
(4) An affidavit is made when
(a) the affidavit is sworn or affirmed by the deponent,
(b) the deponent
(i) signs the affidavit, or
(ii) where the deponent is unable to sign the affidavit, places his or her mark on
(c) the jurat of the affidavit is signed by the person before whom it is sworn or
Reference to oath in affidavit or exhibit
In an affidavit or in a certificate placed on an exhibit, the word "sworn" shall be
deemed to include the word "affirmed".
Jurat where deponent unable to read
(6) Where it appears to a person before whom an affidavit is sworn that a deponent is
unable to read it, he or she shall certify in the jurat that the affidavit was read in his
or her presence to the deponent who seemed to understand it.
Interpretation to deponent who does not understand English
(7) Where it appears to a person before whom an affidavit is to be sworn that the
deponent does not understand the English language,