An affidavit is a written statement of an event or fact made under oath and later used as evidence in court proceedings. The statement is sworn by the person; this means the individual who made the statement swears that the information included in the document is authentic, honest, and not misleading information contained in the statement.
In a legal proceeding, this document serves as a written record of evidence. They are usually used to support or oppose a court-filed motion. It comes in very useful and uses as a piece of evidence when a witness is not present in the court to testify. An affidavit includes a sworn statement attesting to the truth and confirmation of the information.
The person who makes a statement is referred to as “affiant” and verifies that the information included in the statement is true and accurate to the best of their belief.
It is essential that affiants must not falsify the statement because it’s a severe violation and it can result in criminal charges. This is why the court encourages affiants to make honest, trustworthy, and accurate statements and critically analyze the document before signing it.
Its main function is to give a written record of evidence in a legal matter. Affidavits are used in various legal proceedings, such as civil litigation, criminal trials, and administrative hearings. They are frequently utilized when a witness is unable to appear in person to testify or present evidence in support of a motion or application. These documents are significant because they give a written record of the evidence that can be used as evidence in court.
An affidavit usually contains the following information:
- The affiant's identity and contact details (the person making the statement)
- A statement stating that the affiant is speaking under oath or affirmation
- A description of the facts attested to by the affiant and including pertinent dates, times, or locations
- A statement confirming that, to the best of the affiant's knowledge and belief, the information provided in the affidavit is truthful and accurate
- The signature of the affiant and the date the affidavit was signed
- The signature and seal of a notary public, showing that the affiant was sworn under oath or affirmation.
- A financial affidavit is used in a divorce proceeding to disclose details regarding a person’s assets, debts, income, and expenses.
- When a witness is unable to appear in court in person, an affidavit can be used to provide testimony.
- A service affidavit can be used to prove that a legal document, such as a summons or complaint, was legally served on the opposite party.
- An affidavit is a useful legal document that can be used as evidence in a court of law.
- Affidavits can be used to support or oppose a court-filed motion or application.