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Do affidavits need to be sworn before they're served?

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  • Do affidavits need to be sworn before they're served?

    Or can I serve, and then have them sworn?

  • #2
    Yes- before they are served. You're also going to have to swear an affidavit of service.

    This document seems good- disclaimer- I have no idea if it's 100% current:

    https://www.attorneygeneral.jus.gov....fc/part_6.html


    When in doubt- go to the Family Law Rules for Ontario. It governs the timing and procedure for all family law matters in ontario.

    https://www.ontario.ca/laws/regulation/990114

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    • #3
      affidavit of service is only after you've served the sworn affidavit.

      to serve the affidavit, it must be first sworn. The clerks at the court can commission it.
      Last edited by tunnelight; 03-07-2019, 09:21 PM.

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      • #4
        The document you serve is the exact copy of what is being filed. You cannot alter the document to be different from what is served.

        Thus, your process for all court documents:
        1 - complete the document (including swearing it)
        2 - serve document
        3 - prepare affidavit of service (your evidence that it was served)
        4 - file the original with your affidavit of service

        Comment


        • #5
          Amending OrleansLawyers advice below in red.

          Originally posted by OrleansLawyer View Post
          The document you serve is the exact copy of what is being filed. You cannot alter the document to be different from what is served.

          Thus, your process for all court documents:
          1 - complete the document (including swearing it)
          2 - serve the document
          3 - prepare an affidavit of service (your evidence that it was served)
          4 - file the original with your affidavit of service
          5 - retain a lawyer

          Comment

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