Detailed Affidavits

The reform of civil procedure has begun, and we should all begin to modernize our vocabulary accordingly. 

 

In Uashaunnuat (Innus de Uashat et de Mani-Utenam) c. Québec (Procureure générale), 2014 QCCA 2193, the Court of Appeal included a footnote where it discretely suggested that lawyers' use of the French equivalent of the expression "detailed affidavits" should be reviewed.

 

What would be the correct expression to use in English? Well, we can only speculate, since the decision was rendered in French and concerns French vocabulary.

 

That said, a simple search in the new Civil Code of Procedure reveals that it seems as though the English translator of the new Civil Code of Procedure was not as preoccupied as the French drafter to evacuate any and all latin phrases. Indeed, the new Code still uses the phrase "affidavit". However, the particle "detailed" was dropped from the phrase. Therefore, we believe that practitioners should now simply refer to "affidavits", instead of "detailed affidavits".

 

Consider yourselves warned!

Also, don't forget that under the new Code of Civil Procedure, repeating the allegations contained in the motion for which an affidavit is subscribed will constitute procedural abuse. The best way to proceed should then be to indicate that the witness has read the motion, and that the facts alleged therein are to his knowledge and true.