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Persons Who May Make an Affidavit. A person who signs an affidavit and swears to its truth is called an affiant. An affiant must have the intellectual capacity to take an oath or make an affirmation. An affiant must have personal knowledge of the facts described in the affidavit.
Write the heading/purpose for the affidavit. If the affidavit is a sworn statement, be sure to include the name and address of the person giving the testimony (the affiant) in the title (e.g. Affidavit of John Smith). Caption of the case must be stated at the top of the document if it will be submitted in court.
An affidavit is known as a sworn statement or statements made under oath and under penalty of perjury. The person making the testimony in the form is called the affiant. ... A special paper is signed before a notary, who asks the affiant to affirm that any testimony made is true to the best of the witness's knowledge.
This may include your full legal name, date of birth, age, and may also include your Social Security Number in some instances. Affidavits must be signed by the affiant (the person making the sworn statement) in front of a notary.
Report to your local courthouse and ask for an affidavit form. Affidavit forms are readily available for free at most local courthouses, or you can draft your own on a word processor. Have your affiant recite the facts to you or write them out, and if they agree, they can sign before a notary.
An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.
In our Plain Language Legal Dictionary, we define affidavit as A written statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath. ... You're under oath, but you're on paper.
An affidavit is a written statement from an individual which is sworn to be true it is essentially an oath that what they are saying is the truth. An affidavit will be used along with witness statements to prove the truthfulness of a certain statement in court.
The affidavit is your evidence. The three most important rules about what you say in an affidavit are: Everything you say in your affidavit must be true to the best of your knowledge. An affidavit must contain only facts.
Describe the facts in a numbered list. You may include as many or as few facts in an affidavit as necessary. ... Write a statement of truth. ... Spell out the oath that the affiant is taking. ... Create a signature block. ... Include a court clerk or notary signature block.
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