Understanding the Affidavit Form (SCL 848) in the Provincial Court of British Columbia (Small Claims Court)
If you are involved in a small claims case in British Columbia, you may encounter the need to prepare an affidavit using the official form SCL 848. This document is a sworn statement used to present facts or evidence in support of your claim or defense. Understanding its purpose, how to complete it properly, and the procedures for submission can help streamline your case and ensure your information is officially recognized by the court.
What Is the Purpose of the Affidavit (Form SCL 848)?
The affidavit is a legal document where you, as the affiant, swear or affirm that the information provided is true to the best of your knowledge. It supports your claim or defense in the small claims process by providing a written, sworn account of relevant facts. This form can be used to:
- Present evidence or facts that support your case
- Clarify or confirm details related to the claim or dispute
- Attach supporting documents as exhibits to substantiate your statements
Because it is sworn or affirmed before a commissioner, the affidavit carries legal weight, and providing false information can have serious consequences.
Preparing Your Affidavit: Step-by-Step Guide
1. Fill in the Case and Personal Details
Start by entering the registry file number and location, which identify your case in the court system. Include your role in the case (claimant, defendant, or third party) and provide your full name, occupation, current address, and postal code. Ensure all information matches the details in your Notice of Claim or Notice of Civil Resolution Tribunal Claim.
2. State the Purpose of the Affidavit
Clearly indicate what the affidavit is for, such as supporting a specific claim or response. Briefly describe the order you are requesting or the issue you are addressing in the case.
3. List the Facts
Provide a detailed, factual account of the information you wish to present to the court. Be precise and concise. If you are not personally aware of certain facts, specify the source of your information (e.g., documents, other witnesses). Attach any relevant documents as exhibits, properly marked and referenced within your affidavit.
4. Swear or Affirm the Document
Before submitting, you must sign the affidavit in the presence of a commissioner for taking affidavits for British Columbia. This step affirms the truthfulness of your statements under legal obligation.
Submitting Your Affidavit
The completed and signed affidavit can be submitted to the court either in person or through the court's digital platform, if available. Ensure that all pages are complete, signatures are in place, and any attached exhibits are properly marked and referenced.
Fill in your form directly online
No printing: type your details into the boxes of the official form, tick, then download the PDF ready to send.
- 1Type into the form boxes
- 2Tick in one click
- 3Save and download the PDF
Follow-Up and Next Steps
After submission, the court will review your affidavit along with other evidence. Be prepared for possible hearings or further requests for information. It is advisable to keep copies of your affidavit and all supporting documents for your records.
Contacts and Additional Resources
If you need assistance filling out the affidavit or understanding the procedures, contact the Provincial Court Registry or consult the court’s official website. Legal advice from a qualified professional can also help ensure your affidavit meets all legal requirements and effectively supports your case.
Remember, the affidavit is a formal sworn statement; false or misleading information can lead to penalties or contempt of court charges. Always ensure your facts are accurate and truthful before swearing or affirming the document.