Swearing Affidavit New Brunswick

You served your small claims documents on the defendant and now need proof of service. One common method is a Form 20 Affidavit of Service, sworn or affirmed before a Commissioner of Oaths or a Notary Public. Where do you find one, and what does the process involve?

Why Affidavits Need to Be Sworn

An affidavit is a written statement made under oath. In New Brunswick Small Claims Court, the most common affidavit is the Affidavit of Service — a sworn statement by the person who served court documents on the other side, confirming the date, time, method, and location of service.

The court needs proof that service was valid before it can proceed on that basis. A Form 20 affidavit is one way to prove service; the Regulation also recognizes the signed delivery acknowledgment or confirmation for registered mail or courier service. If service is disputed, the court needs evidence to decide whether it was valid.

Swearing the affidavit means the person who served the documents stands before a Commissioner of Oaths or Notary Public, confirms that everything in the affidavit is true, and signs it in the commissioner's presence. The commissioner then signs and stamps the document.

Where to Find a Commissioner of Oaths

In New Brunswick, Commissioners of Oaths are more common than most people realize:

Court clerks — every judicial district court office has staff who can administer oaths. If you are filing your Affidavit of Service at the courthouse, ask the clerk to commission it at the same time. This is the simplest option and typically free.

Lawyers and notaries — any practicing barrister and solicitor or notary public in New Brunswick can administer oaths. Law offices may charge a small fee ($5 to $25) for the service.

Certain public officials — mayors, city councillors, and other designated officials can act as Commissioners of Oaths within their jurisdiction.

Pharmacists and other professionals — some regulated professionals in New Brunswick hold Commissioner of Oaths appointments. Ask before assuming — not all do.

Service New Brunswick centres — SNB staff at some locations can administer oaths or notarize documents.

What to Bring

When you go to have your affidavit sworn, bring:

• The completed affidavit — filled out but not yet signed. You must sign in the commissioner's presence, not beforehand. An affidavit signed before the appointment is invalid and the commissioner should refuse to commission it.
• Government-issued photo identification — a driver's licence, passport, or provincial ID card. The commissioner needs to verify your identity.
• Any attachments — if the affidavit references exhibits (a postal receipt, a courier tracking confirmation, a Sheriff's Certificate of Service), have them ready to attach.

Notarization vs. Commissioning an Oath

People often use "notarized" and "sworn" interchangeably, but they are different:

• Commissioning an oath (what you need for affidavits) — the commissioner watches you swear that the contents are true, then signs and stamps the document. This is what the Small Claims Court requires for Affidavits of Service.
• Witnessing a signature without an oath — this is not enough for an affidavit. A New Brunswick notary public can also administer an oath, so ask specifically for the affidavit to be sworn or affirmed and completed as a Form 20.

For Small Claims Court purposes, the affidavit must be sworn or affirmed. If you are at a law office or Service New Brunswick, ask specifically for the document to be "sworn" or "commissioned."

Cost

Having an affidavit sworn is usually inexpensive or free:

• At the courthouse — typically no charge when filing the document at the same time
• At a law office — $5 to $25 per document
• At Service New Brunswick — varies by location

If you are filing multiple affidavits (Affidavit of Service plus an affidavit supporting a Form 23 application), have them all sworn at the same time to save trips.

Common Mistakes

• Signing before the appointment — the most common error. If you sign the affidavit at home and bring it already signed, the commissioner cannot verify that you made the oath. Start fresh with an unsigned copy.
• Wrong person swearing — the person who swears the Affidavit of Service must be the person who actually served the documents. If a friend served the defendant on your behalf, the friend is the one who must go to the commissioner and swear the affidavit.
• Missing exhibits — if your affidavit says "attached hereto as Exhibit A is a copy of the registered mail receipt," that exhibit must actually be attached when the document is sworn.

Your Next Step

The Affidavit of Service is one of several forms that need to be filed correctly for your small claims case to proceed. The New Brunswick small claims filing guide walks through every form and filing step, including what to do when service does not go as planned.

See more New Brunswick guides →