A valid Affidavit in Calgary must contain only firsthand facts, not opinions or guesses. To be accepted by the court, you must swear an oath that the contents are true before a Notary Public or Commissioner for Oaths, which typically costs between $15 and $50 CAD.
When you cannot testify in person, or when you are filing a pre-trial application, the court needs a way to hear your side of the story. 🖐 In Alberta, an Affidavit is a written statement of facts that you swear (or affirm) to be completely true. Because it carries the exact same legal weight as testifying live on the witness stand, drafting it correctly is an absolute necessity.
A poorly drafted Affidavit filled with rants, emotions, or secondhand gossip will be struck out by a judge, potentially costing you the lawsuit. 🔍 Calgary judges expect clear, concise, and highly organized documents. Whether you are representing yourself or working with a law firm, understanding the strict rules of evidence will ensure your Affidavit is respected and accepted by the court.
Step-by-Step Process in Calgary, Alberta
Drafting an Affidavit is a structured process governed by the Alberta Rules of Court. 📍 You cannot simply write a letter to the judge; you must use the correct legal formatting before presenting it at the Calgary Courts Centre.
Step 1: Write Firsthand Facts in Numbered Paragraphs
Start by breaking your story down into short, numbered paragraphs. Each paragraph should contain only one or two facts. 📄 You must only state things you personally saw, heard, or did. You cannot say, “I know he is trying to scam me” (that is an opinion). Instead, say, “On May 1, 2026, the defendant told me he would not refund the deposit.”
Step 2: Attach and Label Your Exhibits
If you have documents to prove your facts-like a signed contract, an unpaid invoice, or a photograph of property damage-you must attach them to the back of the Affidavit. These are called “Exhibits.” In your written text, you must refer to them clearly: “Attached as Exhibit A is a true copy of the email I sent on Tuesday.”
Step 3: Swear the Document Before a Commissioner
Do not sign the document at home! ✍ You must take your un-signed Affidavit and your Exhibits to a Commissioner for Oaths in and for Alberta, or a Notary Public. They will ask you to raise your right hand and swear on a religious text (or make a solemn secular affirmation) that the contents are true. You will then sign the document in front of them, and they will stamp it.
How Much Does it Cost in Calgary?
Getting an Affidavit commissioned is very affordable, though having a lawyer draft it properly will cost more. 💰 Here is a breakdown of the standard costs in CAD as of May 2026:
- Commissioning Fee: Taking your pre-written document to a local Calgary registry office or a standalone notary public to be sworn usually costs between $15 and $50 CAD.
- Court Filing Fee: Filing an Affidavit itself is generally free, but it is usually attached to an Application, which carries a filing fee (typically $50 CAD in the Court of Justice).
- Lawyer Drafting: If you hire a civil litigation lawyer to interview you and properly draft a complex Affidavit, expect to pay between $300 and $800 CAD.
| Swearing an Affidavit | Notary Public / Registry Agent | $15 – $50 CAD |
| Drafting an Affidavit | Civil Litigation Lawyer | $300 – $800 CAD |
How Long Does the Process Take?
Writing the document can take anywhere from a few hours to a few days, depending on the complexity of your dispute. ⏱ Getting it sworn takes only 10 to 15 minutes at a registry office. However, you must pay close attention to court deadlines; in Alberta, an Affidavit must typically be filed and served on the opposing party at least 7 to 14 days before your scheduled court hearing.
Frequently Asked Questions (FAQ)
What happens if I accidentally lie in an Affidavit?
Lying in a sworn Affidavit is perjury, which is a severe criminal offence in Canada. If you realize you made an honest mistake after swearing it, you should immediately file a “Supplementary Affidavit” to correct the error before the judge reads it.
Can I include what my friend told me happened?
Generally, no. This is called “hearsay.” If your friend witnessed something important, your friend needs to draft and swear their own separate Affidavit. You can only testify to what you personally experienced.
Can I swear my Affidavit online over video chat?
Yes, Alberta allows for virtual commissioning (swearing an Affidavit via Zoom or Teams) by a lawyer or notary, provided strict identity verification rules are followed. However, physical commissioning in person remains the most straightforward method.
Do I have to use a Notary Public, or is a Registry Agent fine?
If the document is strictly for use within an Alberta court (like the Calgary Courts Centre), a Commissioner for Oaths (found at most local registry offices) is perfectly fine. If the document is leaving the province, you generally need a Notary Public.
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