Answer to Question # 20

A client needs an affidavit completed urgently but has forgotten to bring a copy of the attached exhibit. They offer to bring it later for the JP to add the exhibit note. How should the JP respond?

1. Agree to add the note later, prioritizing the client’s urgent need.
2. Refuse, and explain to the client that the exhibit must be present during the affidavit administration.
3. Complete the affidavit but note in the jurat that the exhibit will be provided later.
4. Suggest the client swear a statutory declaration instead, attaching the document as evidence later.

Answer b

Rationale: A client must supply both the affidavit and the attachment in order for the affidavit to be administered.

An Exhibit Note stamp must be placed on the attachment, and the attachment must also be marked with a distinguishing letter eg “A”.