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Exhibits to an Affidavit

Exhibits to affidavits are important documents. Generally, the Supreme Court Registry does not allow the filing of original exhibits when you file your affidavit. Exceptions to this might include, a case that is in a specific list such as the Commercial List or if the court has made a specific order relating to the filing of originals exhibits.

Principles

A document (for example a letter, bank statement or report) that is referred to in the affidavit as supporting a particular fact in the affidavit must produced to the authorised person and be available for production in court at the hearing.

Immediately after the reference to the document in the affidavit, insert the words: "Now produced and shown to me and marked as [for example] Exhibit JM1".

If there is more than one exhibit to the affidavit, each such document must be referred to and numbered in sequence; that is, JM1, JM2 and so on.

The document exhibited to an affidavit must be attached to a separate cover sheet headed Certificate Identifying Exhibit (Form 43A). See Court Document site for affidavit and certificate identifying exhibit documents for preparation as your own court documents.

You must make copies of the exhibit and exhibit sheet for service on the opposite party and for your own use.