Affidavits vs Statutory Declarations

Affidavits and statutory declarations are often confused. What a notary public does is to legalize the swearing of oaths for both statutory declarations and affidavits. As swearing an oath indicates a person’s unblemished faith towards what is stated in an affidavit or statutory declaration, it is necessary to find a reliable Vancouver notary service. Before any of that, you must be able to distinguish between affidavits and statutory declarations.

WHAT ARE AFFIDAVITS?

An affidavit is a voluntarily documented statement of fact which is either in a printed or a written form, confirmed by the swearing of oath or affirmation of the party involved. The special technical term, “affiant” is used in affidavits and statutory declarations to refer to the individual who wears the oath.

HOW AFFIDAVITS WORK

The process of affidavits can be intimidating to most people, which is why you need to be aware of its mechanism before you seek assistance from a notary public Vancouver. During the swearing of affidavits, the affiant should reply with the phrase “I do”, when the question of whether he/she is willing to swear that the contents of the respective affidavit are true to the best of his/her knowledge. A notary public is the best option you have to follow this process of affidavits, for they are more versatile and capable when it comes to administering affidavits that commissioners are. A notary public is able to certify other legal documents apart from signing affidavits, which is why they are the best pick for legal authorizations.

USING AFFIDAVITS

The usage of affidavits differs from situation to situation.

Affidavits offer proof regarding civil litigation, chambers application and some trial proceedings.
In a civil lawsuit, a notary service could utilize affidavits to decide the issuing of assessment of damages or of the estimated value of goods.
In an occasion where the decision of the court is appealed, it is customary to only provide written evidence to the court. A notary public is capable of providing affidavits, which is one form of such evidence.
Trustees, administrators, executors, and receivers, are asked to give affidavits as evidence when they present their accounts to court to be reviewed, specifically by officials such as judges, masters and registrars.

WHAT ARE STATUTORY DECLARATIONS?

Statutory declarations are slightly different from affidavits both in structure and purpose. The term “statutory declarations” refers to a document that makes matters official and publicly recognized by legally authorizing them. In a legal aspect, statutory declarations are similar to affidavits in their way of being declared through documentation. One prominent difference between statutory declarations and affidavits is that the premise of statutory declarations is the statute law format and requirements of content. It must be duly noted that statutory declarations are statements made by plaintiffs and witnesses, unlike affidavits that use a swearing of oaths.

THE DIFFERENCE BETWEEN AFFIDAVITS AND STATUTORY DECLARATIONS

While a notary public is capable of providing both these services, there are clear-cut differences that must not be ignored. Affidavits are usually used in court for its mechanisms, and functions as a legally accepted document in and outside of Canada. Nevertheless, statutory declarations are for purposes outside of court within Canada only. Statutory declarations are solemn statements whereas affidavits are solemn oaths, which is not the same thing.

WHEN DO YOU NEED AFFIDAVITS AND STATUTORY DECLARATIONS?

Before you get the service of a notary public for either of these purposes, what holds the greatest importance is your identity. Swearing and oath in affidavits and declaring a statement in statutory declarations both require a proper, legal certification of identity – which you must be ready to provide to your notary public Vancouver .

For a notary public to identify you as the true bearer of affidavits and statutory declarations; you need to present two government-issued identities. Misuse and improper certification of affidavits and statutory declarations can lead to serious legal problems, therefore you need to make sure that the Vancouver notary service you turn to has a great reputation and experience.