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Affidavits in Nova Scotia

Saturday, October 19, 2013 - Court - Brenda Larson - Canada

Apparently there are two types of affidavits. definition from the Black's law 4th edition. 

"Affidavits" are of two kinds; those which serve as evidence to advise the court in the decision of some preliminary issue or determination of some substantial right, and
those which merely serve to invoke the judicial power.
And invoke - verb ask solemnly for, beg for. you would have to look in your own family court rules, but this is something that can be brought up as well. We know now that an affidavit can be used to invoke judicial power.

The very first affidavit that is used for the protection application.

According to the Nova Scotia family court rules 13.02

(1) An affidavit used on an application (protection application) may contain statements as to belief of the deponent with the sources and grounds thereof.

13.02 (2) unless the court otherwise orders, an affidavit used on a hearing shall contain only such facts as the deponent is able to prove form his or her own knowledge.

13.04 The court may order any matter that is scandalous, irrelevant or otherwise oppressive to be struck out of an affidavit.
(this is how the cps lawyer was getting some of my info in my affidavits struck out.)

What hopefully everybody gets out of this is that it appears to me that the very first affidavit that cps makes for the protection application can be based on belief, but after that their affidavits are supposed to be based on facts. It hasn't happened yet.

And if you go through the submitted affidavits before our next court date and do a motion to have whatever info struck (as whether it is scandalous, irrelevant or otherwise oppressive)from the affidavit then you will be able to get a lot of their info struck of the record as well.

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Affidavits Learn key points of affidavits

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X In most jurisdictions, swearing an affidavit which contains information known to be false is a criminal offense. Canada&rsquo;s Criminal Code, at &sect;138 Every one who signs a writing that purports to be an affidavit or... More >>
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