During this pandemic, the Court is prepared to accept unsworn versions of affidavits and declarations provided the lawyer gives an undertaking to perfect the document before the hearing. The Court notice says it requires “an undertaking by the lawyer that an original of the affidavit or declaration that complies with the formal requisites will be filed prior to the hearing date, failing which the party would not be entitled to rely on it or would be required to withdraw it.”

An undertaking must be something that you, as the lawyer, can do. It must be within your control. With that in mind, The Law Society of Manitoba offers this sample undertaking as an example and recommends that this, or a similar written undertaking, dated and signed by the lawyer be submitted with the filing in court of an affidavit or declaration that does not comply with the formal requirements.