What is an Affidavit of Documents?

What is an Affidavit of Documents?

The defendant and plaintiff of a case will both have evidence proving or defending their case. The evidence provided by the plaintiff will be a demonstration of the reasons why they filed a claim against the defendant, whereas the defendant will provide evidence proving that some or all the plaintiff’s claims are false.

An Affidavit of Documents is a collection of the relevant evidence from each party that is signed by the client and their lawyer. Each party must sign the document because an affidavit must be a sworn (or affirmed) document, and the signature swears (or affirms) that the evidence provided is accurate. The lawyers representing the plaintiff and defendant have a legal responsibility to present all the relevant evidence. The lawyers cannot hide any evidence that has been revealed. It is also important that the collection of documents is errorless, because if the case is heard in front of a judge, the judge will review both party’s Affidavit of Documents to formulate a decision.

What kind of evidence must be included in an Affidavit of Documents?

The evidence could be emails, text messages, photographs, videotapes, witness testimony, etc. It can be anything relevant to the case that is proving or weakening the argument.

The evidence in the Affidavit of Documents will be divided into sections that are referred to as schedules separating the type of evidence introduced. The first section of the document is Schedule A, which demonstrates the evidence that the party consents to openly sharing with the opposing party.

Schedule B is the second section that includes the evidence the party does not want to share with the other party. This type of evidence is defined as “privileged information” which could involve correspondence or records between the client and attorney, doctor, or therapist – it is any information that is sensitive to the party. The lawyer’s responsibility in this section is to present the evidence and explain why it should be considered privileged.

Following Schedule B, the lawyer will craft Schedule C which is a list of evidence the party believes to be relevant but no longer has access to. There may also be the inclusion of Schedule D which will provide a list of witnesses that could present further evidence or speak to the evidence related to the case.

As stated previously, it is the lawyer’s obligation to provide an accurate Affidavit of Documents. To prove the lawyer has satisfied their duty, they will attach a Lawyer’s Certificate explaining the lawyer’s description of the evidence presented. They must clarify why the evidence is relevant, and how they decided to organize their documents. This will act as a guide for the opposing party and the judge, whilst proving the lawyer has fulfilled their responsibility.

If you are an employer or employee who has an employment law issue and wants to file a claim, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.