A common question clients ask is whether or not they have to provide supporting evidence regarding their affidavit and the answer is no. Notaries do not require supporting evidence as it is not their duty to verify the truth of the contents of an affidavit.
An affidavit is a written statement confirmed by oath or affirmation, so it is expected that the contents are truthful and a notary will not investigate the information to verify whether or not they are because that should always be the case when it comes to affidavits. These written statements are often used as evidence in court and a notary public can administer your affirmation but is not obligated to verify it. They have the power to take affidavits by asking you to swear or affirm that what is provided in the document is true. What they can verify are signatures, marks and copies of documents to ensure they are genuine.
A notary is not required to verify the accuracy of the information provided or contained in an affidavit and implementing such a duty would entail a completely different type of job, one that is extremely time-consuming and expensive, which is why verifying the truth is not part of the process on the notary’s behalf. It’s important to understand that while notaries do not need to see supporting evidence, the person, organization or institution to whom the affidavit is being submitted may ask you to provide evidence that does verify the truth. You must check all of the requirements before submitting any documents and if you’re not sure, it is better to contact the person, institution or organization to clarify their requirements so that you submit your affidavit correctly and accurately.
Affidavits may be required in court for small claims, family or civil court or when transferring ownership of a used vehicle to another person. It will also be required when gifting a used vehicle to a family member or when applying for a municipal licence or an exception to a zoning restriction.
If you have any questions regarding this matter or want clarification regarding any details, Wendy Fuller Notary Public can help. We are located in Vancouver and offer notary services, so if you want to ensure it gets done properly, give us a call today.