Affidavit in lieu of testimony

The plaintiff and the defendant may, if they wish, file an affidavit with the clerk in lieu of a person’s testimony. 

If you wish to file an affidavit, you must use the form Statement in lieu of testimony. The affidavit must be given to the clerk at least 21 days before the date of the hearing.

The clerk informs the adverse party that an affidavit in lieu of testimony has been filed, and the adverse party then has access to the affidavit. 

The adverse party can, at least 10 days before the hearing, request that the witness attend the hearing in person. However, a judge who considers that the witness has been called needlessly may order the party responsible to pay the costs.

Calculation of the 21-day time limit

You generally have 21 days to file documents at the court office. This time limit is not calculated in working days (Monday to Friday), but in calendar days (Sunday to Saturday). However, if the time limit ends on a Saturday or a holiday, it is extended until the next following working day.