Alberta · Topic

General Supporting Affidavit in Alberta

Summary

•A general supporting affidavit is the catch-all evidence document for family-court motions. It's used when you need to put facts before the court that aren't covered by a specialized form.
•Filed under Alberta Rules of Court, Rule 13.18 — Affidavits · Form 49 using Form 49 (Alberta Rules of Court). The same admissibility rules apply: first-person observation only, dated events, named witnesses, properly marked exhibits.
•The format is identical across federal and provincial matters: court heading, opening declaration, numbered paragraphs in chronological order, exhibit references, jurat.

Filing procedure in Alberta

Motions on this topic in Alberta are governed by Alberta Rules of Court, Rule 13.18 — Affidavits · Form 49. The supporting affidavit is filed using Form 49 (Alberta Rules of Court).

Filed with the Court of King's Bench of Alberta. Each Alberta family courthouse has slightly different motion-day schedules and filing-counter procedures — check the courthouse-specific page for your city before filing.

If you're unsure which Alberta courthouse has jurisdiction over your matter, the Family Law Information Centre at most courthouses will walk you through it — they can't give legal advice but they can confirm filing locations and motion days.

When to use a general supporting affidavit

General supporting affidavits are used to put facts before the court when:

You're responding to a motion brought by the other party
You're filing your own non-urgent, non-variation motion (e.g., motion for contempt, motion for case management)
The matter doesn't fit Form 14A (ON), Form F1 (BC), Form 49 (AB), or NB Rule 60 specialized affidavits
You need to put updated facts before a case conference or settlement conference

Structure that judges expect

Court heading + file number + style of cause
Opening declaration identifying you, your city, your role in the matter
Brief background — your relationship to the parties (1-2 paragraphs)
Chronological account of relevant events — each dated, first-person, with named witnesses
Specific exhibits referenced as you go ('A true copy of the text thread is attached and marked as Exhibit A')
Brief relief context — how these facts support what the motion is asking for
Jurat — sworn before a commissioner

What evidence belongs in a supporting affidavit

The court will weigh dated, first-person observations supported by documentary exhibits. The most useful types:

Text messages between the parties (screenshots with full thread context, dated)
Email correspondence (full original, including headers)
Schedules showing missed or successful exchanges
School records (report cards, attendance, communications)
Medical records (with consent or court order)
Police reports / incident numbers
Photographs (with date metadata)
Financial documents — tax returns, pay stubs, bank statements for relevant accounts

Frequently asked

How many paragraphs is too many?

Most family-court affidavits run 10-30 numbered paragraphs (3-10 pages). Some jurisdictions have page caps without leave. Quality beats volume — a tight 12-paragraph affidavit with 6 well-marked exhibits is more persuasive than a 40-paragraph narrative.

Should I include legal argument in my affidavit?

No. Affidavits are evidence. Legal argument goes in your factum or oral submissions at the hearing. Mixing the two confuses judges and weakens both. If you're tempted to write 'this proves...', stop — that's argument.

What if some of my evidence is hearsay?

Either get the original witness to swear their own affidavit, or rephrase as direct observation ('I observed bruising on my son's arm when I picked him up' instead of 'his teacher told me about bruising'). Some hearsay exceptions exist but they're advanced — for self-rep practice, stick to direct observation.