How does one prepare an affidavit?
Normally, you or your lawyer will prepare the affidavit (generally after interviewing the witness) and have it signed by the witness. When signing the affidavit, the witness must swear under oath that the statement contained in it is true. A lawyer, justice of the peace, notary public or other person authorized to receive oaths must witness the signing and also sign the affidavit to affirm the authenticity and veracity of the document. Canadian Human Rights Tribunal Are affidavits automatically accepted by the Tribunal? No. The Tribunal will determine whether the affidavit will be admitted, and how much weight to give it when compared with other sworn testimony. If another party objects to the affidavit being admitted as evidence, the Tribunal will hear arguments about why the affidavit should or shouldn’t be admitted. Even if no other parties object, the final decision rests with the Tribunal.