AFFIDAVITPrepared 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 member of the court can force someone to give an affidavit

Who can make an affidavit?

no age requirementhas the mental capacity to understand the

seriousness of the oathon 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 courtwhen the testimony is of such a nature that it does

not present well for live testimonywhen it is necessary to preserve the resources and

time of the courtmay be attached to pleadings, motions or other

filings made by attorneys in court to establish various facts or in support of the legal arguments of the parties.

What does an affidavit look like?

typed (double line spaced and 12 point font)

printed clearly on only one side of the pagecontent 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 topic or subject matter

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:

CaptionBodyJuratSignature of notary and stamped seal

What are the kinds of an affidavit?

General Affidavit Affidavit of marital consent Affidavit of Support Affidavit of Witness