Affidavit

A notary public, in their capacity as a Commissioner for Oaths, may administer oaths and take affidavits: written statements containing declarations and affirmations sworn on oath to be true by the person making them.

An affidavit may be drafted by the person who will be confirming its contents on oath, by their legal counsel, or by the notary. Its contents reflect the person’s own version of events and facts as known to them, and the notary’s responsibility is limited to administering the oath and witnessing the identity and signature of the person making the affidavit. Supporting documents may be produced and annexed to the affidavit.

Affidavits are widely used. Certain court submissions, both in contentious matters of family, property, commercial, and criminal law, as well as in voluntary matters, such as applications for the opening of a succession or the interdiction of a person, must be accompanied by an affidavit. Some insurance claims also require an affidavit by which the claimant swears to and confirms the facts and circumstances surrounding the accident in respect of which the claim is made.