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Family Law—Chapter 6

6.23

COURT FILE NO. E123456

COURT REGISTRY: VANCOUVER

IN THE SUPREME COURT OF BRITISH COLUMBIA

The Style of Proceeding

Claimant 1:

SAMANTHA CALLUM HANNA

matches the type of

proceeding. In this case, it

matches the joint divorce

Claimant 2:

GUY RODERICK CALLEN

Style of Proceeding.

CERTIFICATE OF PLEADINGS

I CERTIFY the pleadings and proceedings in this family law case are in order.

Date:

Registrar will fill in date

Registrar

Family Law—Chapter 6

6.24

AFFIDAVITS

Whenever the court makes a decision, there must be facts to justify that decision. Those facts must be supported by sworn evidence. The evidence can be sworn oral evidence or sworn written evidence in the form of affidavits. Documents can also be used as evidence if they are identified through sworn testimony.

For desk orders, all the sworn testimony and documents are provided through affidavits. The person swearing the affidavit is called the deponent. In family law, there are certain specific facts that are required for each relief claimed. Because of the number of family cases handled by the court where the same facts are required for each relief, standardized affidavits are used. Using standardized affidavits helps the court to review each file much more quickly.

Rule 10-4 of the Family Rules define how affidavits must be presented in family cases.

Identifying Affidavits

Throughout all litigation proceedings, affidavits are filed whenever any party needs to apply to the court to make a decision. Some decisions may be final orders such as the case of a divorce desk order. Other decisions may be procedural such as obtaining an extension on a deadline. Because affidavits are so widely used in a court proceeding, the same deponent may end up swearing and filing multiple affidavits to apply for different decisions.

The more affidavits a deponent swears and files in a proceeding, the more confusing it becomes to keep track. It becomes even more confusing if the same deponent swears and files multiple affidavits for the same application for a decision.

To help differentiate the affidavits, each affidavit must indicate the deponent, the date of the affidavit, and the sequential number of the particular affidavit made by the same person in the same case. This information goes in the right hand corner above the style of proceeding.

For example, assume a deponent, Christopher Celestin, has already sworn and filed two affidavits. On June 23, 2022, he swears and files another affidavit. The notation at the top of the affidavit would appear as:

This is the 3rd affidavit

of Christopher Eccleston in this case

and was made on 23 Jun 2022.

COURT FILE NO. E666666

COURT REGISTRY: NEW WESTMINSTER

IN THE SUPREME COURT OF BRITISH COLUMBIA

Family Law—Chapter 6

6.25