What Your Affidavit Means – and What the Court Must Explain to You
Many people attending the Circuit Court in mortgage or repossession cases do so without a solicitor. This can be intimidating and confusing, especially when legal language is used.
This guide explains, in plain English:
- what your affidavit already signed and sworn actually does;
- what the Registrar or Judge is responsible for explaining to you; and
- how you will be told what has been agreed or decided in court.
If you leave court feeling unsure, that is not your fault.
1. What your affidavit does (and why it matters)
If you have already signed and sworn an affidavit, this is important.
Your affidavit:
- is your formal evidence to the Court;
- puts your position on the court record;
- confirms that you are acting in good faith;
- sets out the facts you rely on (for example, a consumer complaint, hardship, or need for time).
Once sworn and filed, the Court must take your affidavit into account.
You do not need to repeat everything orally unless asked.
Even if the other side disputes what you say, your affidavit still stands as evidence unless and until the Court decides otherwise.
2. You are a lay litigant – that matters
If you are not legally represented, you are known as a lay litigant or litigant in person.
This does not mean:
- you lose rights;
- the other side can overwhelm you; or
- you are expected to understand legal procedure.
The Court is not allowed to give you legal advice, but it must ensure fair procedures.
3. What the Registrar or Judge should explain to you
When you are a lay litigant, the Registrar or Judge should ensure you understand:
- what decision is being made today
(for example: adjournment, refusal, or directions); - why that decision is being made;
- what happens next;
- what (if anything) you are required to do before the next date;
- who you must send documents to, and by when.
If the Court asks something like:
“Would a month be enough?”
You are entitled to say:
“I am not sure – could you please explain what is required?”
You are not expected to guess.
4. If something is agreed in court, it should be clear
If the case is adjourned or directions are given:
- there should be a clear understanding of what was agreed;
- the agreement should be recorded on the court file;
- in many cases, a court order will issue.
If no written order issues that day, the Court should still be able to confirm what was recorded.
You should never be left wondering:
- “Did I agree to that?”
- “Was that an order?”
- “Am I supposed to do something before the next date?”
5. How will you be told what was decided?
Depending on the case, you may be informed by:
- a formal court order issued after the hearing; or
- a record on the court file confirming the adjournment and directions.
If you are unsure, you are entitled to ask the Registrar’s Office what was recorded.
This is normal and appropriate.
6. If you are confused after court – what to do
It is very common for people to leave court feeling nervous or unclear, especially if the other side was legally represented.
If that happens, you can contact the Registrar’s Office and ask for clarification.
You can say something like:
“I attended court as a lay litigant on [date] and was very nervous during the hearing.
The matter was adjourned, and I want to make sure I properly understand what the Court requires of me.
Could you please confirm:
- whether any order was made;
- what was recorded on the court file; and
- whether I am required to do anything before the next date?”
This is not complaining.
It is part of ensuring fair procedure.
7. Important reassurance
- Being nervous or flustered in court is normal.
- You are not expected to understand legal jargon.
- The Court should not rely on confusion or silence against you.
- If something was not clear, you are entitled to ask.
Your affidavit is already before the Court.
You are entitled to clarity, fairness, and dignity in the process.