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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-07-2019, 04:47 PM
BetterRobert BetterRobert is offline
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Default Do affidavits need to be sworn before they're served?

Or can I serve, and then have them sworn?
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Old 03-07-2019, 05:08 PM
iona6656 iona6656 is offline
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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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Old 03-07-2019, 09:19 PM
tunnelight tunnelight is offline
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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 at 09:21 PM.
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Old 03-08-2019, 12:43 PM
OrleansLawyer OrleansLawyer is offline
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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
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Old 03-09-2019, 10:37 AM
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Tayken Tayken is offline
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Amending OrleansLawyers advice below in red.

Quote:
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
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