The small claims process is designed to be simple and accessible without a lawyer. Despite this simplicity, some facts must sometimes be attested under oath to be considered by the court.
In what situations is a declaration under oath useful?
- supporting the facts alleged in an originating application;
- presenting evidence by written declaration rather than in-person testimony, when the court allows it;
- confirming that a document was served on the other party;
- attesting to damages or the amount claimed.
Is a declaration under oath always required for small claims?
No — it depends on the nature of the evidence and the requirements of the registry or court for your specific file. The generic SJ-1139 form ("Declaration under Oath") can be used when a written sworn declaration is required.
SJ-1139 — Declaration under oath: online oath commissioning
What should the declaration contain?
- the declarant's identity and their connection to the file;
- the relevant facts, stated clearly and chronologically;
- the documents or supporting evidence the declaration refers to;
- a statement of truthfulness.
Can it be sworn online?
Yes, when the document and situation are eligible for remote oath commissioning, by videoconference — useful when the relevant courthouse is not easily accessible.
Online oath commissioning in Québec: how does it work?
Assermentation Express
Assermentation Express is not a government website and does not provide legal advice on your small claims file. This service is limited to receiving the oath or solemn affirmation on a document already prepared.