What Is An Affidavit?

AFFIDAVIT Prepared by: Kimberly Nayre

What is an affidavit? An affidavit is a sworn written statement or declaration made voluntarily stating the facts under an oath or affirmation before an authorized official. “affidavit” - someone has “pledged his faith” in full knowledge of the law

 It is an entirely voluntary document, and no

Wh o ca n make an affi dav it?  no age requirement  has the mental capacity to understand the seriousness of the oath  on behalf of someone else (guardian of a minor or someone who is severely mentally ill) An affidavit is often made in front of the following individuals: notaries, court clerks, court commissioners and commissioners of deeds, among others.

What is the purpose of an affidavit?  for use in court proceedings to provide factual evidence or to prove up documents, records or other evidence  when a witness is unavailable to come to court  when the testimony is of such a nature that it does not present well for live testimony  when it is necessary to preserve the resources and time of the court

What does an affidavit look like?  typed (double line spaced and 12 point font)  printed clearly on only one side of the page  content of an affidavit should be divided into paragraphs that are numbered  It is a good idea to divide an affidavit into sections under separate headings  Each paragraph should, if possible, cover one

What are the contents of an affidavit? Personal knowledge or information forms the basis of an affidavit. Someone will not be penalized for failing to include information that they did not know about Parts of an affidavit:

 Caption  Body  Jurat

What are the kinds of an affidavit?  General Affidavit  Affidavit of marital consent  Affidavit of Support  Affidavit of Witness