Form 45: Affidavit — General
Form 45 is the general affidavit used to give written evidence to Provincial Court. An affidavit is a statement of facts that you swear or affirm are true.
Think: “I need to give the judge written evidence under oath.”
This page explains the form in everyday language and links back to the official BC source.
Why this guide exists: I went through BC family court myself and found the forms harder to understand than they needed to be.
What an affidavit actually is
An affidavit is written evidence. You set out relevant facts in numbered paragraphs and then swear or affirm that the contents are true. If you refer to documents, they may need to be attached as exhibits.
What is an exhibit?
An exhibit is something you attach to an affidavit because it supports a fact you mention — for example a letter, receipt, screenshot, photo, email, text-message printout or other document.
If your affidavit says “see Exhibit A,” the matching item is attached and marked as Exhibit A. When the affidavit is sworn or affirmed, the commissioner identifies each exhibit referred to in the affidavit. Only attach material that is relevant to what you are asking the court to decide.
Do not sign it at home first
Wait to sign the sworn section. The affidavit must be signed in front of a commissioner for taking affidavits. Lawyers and notaries are commissioners, and the official Form 45 says court registry staff who are commissioners can swear or affirm your court affidavit for free.
How to write it more clearly
- Use short numbered paragraphs.
- Put one main fact in each paragraph.
- Stick to facts relevant to the application.
- If information came from someone else, identify the source.
- Attach documents as exhibits only when they are relevant and follow the form instructions.
Where do I file it?
File it with the Provincial Court registry handling your case, unless the official form or a court order tells you otherwise. A registry is the court office that accepts and processes documents. Registry staff can explain filing procedure, but they cannot give legal advice.