Form 45: Affidavit — General
Form 45 is the usual affidavit used to provide sworn or affirmed written evidence in a BC Provincial Court family case when a different affidavit form is not required.
Form 45 is a written statement of evidence, not a request for an order. Rule 171 describes its required structure and how it is sworn or affirmed. Rule 172 provides a narrow exception for filing a signed but not yet sworn affidavit when swearing it first is not practicable.
When should you use Form 45?
Rule 171(1) requires affidavits under the Provincial Court Family Rules to be in Form 45 unless another rule says otherwise. Form 45 may be used when an affidavit is needed to support a case-management application or other family-court step. Check the specific application rule and form: for example, some proceedings have a separately prescribed affidavit or schedule.
How to prepare an affidavit
- Use the correct registry, file number and names of the parties shown on the existing proceeding.
- Give the name, address and occupation of the person making the affidavit; state their relationship to the case as required by Rule 171.
- Write in the first person, with consecutively numbered paragraphs and page numbers. Separate distinct events or factual statements.
- Give only admissible factual information. If a statement is based on information and belief, identify the source of that information.
- Number any exhibit pages and arrange for the person who administers the oath or affirmation to identify each exhibit by a signed certificate.
- Normally, swear or affirm and sign the affidavit in the presence of an authorized person, who completes the jurat. Follow official form instructions on signing and filing.
Can you file it before it is sworn?
Only in the limited circumstances of Rule 172. An affidavit in Form 45 may be filed unsworn if the person has signed it and it was not practicable to swear or affirm it before filing. The person must then be available to swear or affirm its truth if the judge or family justice manager requires it, including at a later appearance. This is not a general invitation to skip commissioning when it is practicable.
What makes an affidavit useful?
Include dates, who observed what, and where a document or message came from. Avoid arguments presented as facts, unsupported conclusions, and irrelevant private information. Exhibits should be accurately identified and attached under Rule 171(4). Confirm whether a specific filing or service deadline applies to the application you are supporting.
Practical example
A parent is directed to supply an affidavit about school-day pickups. They write short numbered paragraphs about dates they personally attended, attach a properly identified school schedule as an exhibit, and swear the affidavit before an authorized commissioner. They file and serve it according to the directions for that proceeding.
Common mistakes
- Signing a normal sworn affidavit in advance rather than in the required presence of the person taking the affidavit.
- Attaching unnumbered exhibits without the required certificates.
- Including broad accusations without identifying firsthand knowledge or the source of information.
- Assuming Rule 172 removes the obligation to swear or affirm evidence if the court later requires it.
Official sources
- BC government Form 45 (PDF)
- BC Provincial Court Family Rules — Rules 171–172
- BC government Provincial Court family forms library
Primary-source review: October 13, 2026. Limited to the form and stated procedural requirements, not a certification of every circumstance or future amendment.