The Affidavit of Diligent Search is a critical legal document used in Canadian jurisdictions when parties need to demonstrate to courts or other authorities that they have conducted thorough and reasonable efforts to locate someone or something. This document is commonly required in various situations, including attempting service of legal documents, locating missing heirs in estate matters, finding defendants in civil cases, or tracking down assets in debt collection. The affidavit must detail all search methods employed, including physical searches, database queries, public records searches, and attempts to contact known associates. It typically includes dates, locations, and outcomes of each search attempt, and must be sworn before a commissioner of oaths or notary public. The document serves as protection against future claims of insufficient effort and helps support requests for alternative service or other legal remedies.
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1. Identification of Affiant: States the full legal name, occupation, and address of the person making the affidavit
2. Purpose of Search: Explains why the search is being conducted and its relevance to the legal proceedings
3. Authority and Capacity: Establishes the affiant's authority to conduct the search and their role in the matter
4. Search Methods Employed: Detailed description of all methods used to locate the person/document/asset
5. Timeline of Search Efforts: Chronological listing of all search attempts, including dates and outcomes
6. Resources Consulted: List of all databases, registries, directories, and other resources checked
7. Results of Search: Summary of findings or lack thereof from the search efforts
8. Verification and Oath: Sworn statement confirming the truth of the contents and signature block
1. Third Party Assistance: Details of any professional search services or investigators employed, used when external help was required
2. International Search Efforts: Description of searches conducted in other countries, included when the search extended beyond Canada
3. Social Media Investigation: Details of social media platform searches, included when online presence was investigated
4. Known Associates: Information about attempts to contact family members, friends, or business associates, used when relevant to the search
5. Cost of Search: Breakdown of expenses incurred during the search, included when cost recovery is being sought
1. Schedule A - Documentary Evidence: Copies of all search results, correspondence, and records of attempts to locate the subject
2. Schedule B - Search Log: Detailed log of all search attempts including dates, times, methods, and outcomes
3. Schedule C - Professional Credentials: Copies of relevant professional licenses or certifications if search was conducted by a professional investigator
4. Schedule D - Photographs: Visual evidence of physical search attempts or locations visited, if applicable
5. Schedule E - Cost Records: Receipts and invoices related to search expenses, if cost recovery is being sought
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