If you are the applicant, you must include the “requested order” in your affidavit, usually towards the end. This means that you describe the order you are asking the court to make. For example, if you are applying for a court order regarding custody and parenting time with your child, be sure to explain the type of custody you want (who the child will live with, who will make decisions about the child) and the visiting arrangements you want to make (like all other weekends, etc.). When applying for family allowances, specify the amount you are looking for, by . B the amount of the table or special expenses for childcare, etc. Your parts will simply be placed on the back of your completed affidavit (usually with a checkmark) and the affidavit and your parts will be sworn or confirmed at the same time. Your affidavit must be sworn or confirmed when filed as part of a nova Scotia lawsuit. If you are sworn in or confirmed, this can usually be done at the courthouse. As a general rule, you cannot have documents authenticated at the courthouse. You cannot make changes to an affidavit that has already been sworn or confirmed.
NOTE: A judge may make an affidavit (not allowing to be part of the trial) that includes evidence that is not admissible, such as certain types of hearsay or inappropriate evidence – anything that he or she deems “outrageous or oppressive.” You can also remove irrelevant elements from an affidavit – “irrelevant documents” are information that has nothing to do with your particular legal problem. For example, if you apply for child support and indicate in your affidavit that the other party has deceived you, it has nothing to do with the issue of family allowances. If you are referring to an exhibit, you must attach a copy of the exhibit to your affidavit. If the exhibit is mentioned in the affidavit but is not attached, the judge is likely to ignore it. This may also lead to delays in the transmission of your request through the legal process. An additional affidavit is used to supplement the information contained in an affidavit that has already been filed with the court. For example, if you made an affidavit as part of your application, but a new event occurs in connection with your legal issue and you want the court to have the new information, an additional affidavit may be appropriate. There are rules about how many additional affidavits you can submit and when you can submit them. In some cases, you may need a judge`s permission to file an additional affidavit.
Ask court staff about the rules applicable to the court you are dealing with. The affidavit form used by the Supreme Courts may be different from the affidavit form used by the family courts. Check with your court to see if you have the correct form. If sent outside of Nova Scotia, your affidavit may need to be notarized. It depends on the rules of the jurisdiction to which it is sent. As a security measure, it is best to have your affidavit notarized if it is sent outside of Nova Scotia. if – you refer to a mortgage in your affidavit, then to a letter from the other party, and then to a picture of the damage to the home that depends on your situation and the issues you raise in court. Only a lawyer can give you specific advice on what you should or should not say in your affidavit. Evidence is a document, document or physical evidence provided to the court at a hearing or hearing, or as part of an affidavit. Be sure to attach your documents in the order in which you mention them in the affidavit.
For example: then – the mortgage deed is called “Exhibit A”, the letter “Appendix B” and the image “Appendix C”, and the three pieces must be affixed in that order on the back of your affidavit. The correct way to refer to a document you are attaching is to say, “Attached to this affidavit and marked as attachment ____ [Insert letter], is ______ [enter your description of the exhibit].” Exhibits are usually marked with letters, so your first exposure is room A, your second exposure is room B, and so on. Each of your exhibits will be stamped with an exhibition stamp – anyone who swears/confirms your documents should have a stamp. This stamp must state: If you have completed your affidavit – and you have had it verified by a lawyer if possible – you will need to have it sworn in or confirmed. .