Affidavit

Affidavit in the United States

Contents:

A written statement of facts. An Affidavit (Civil Process) contains a voluntarily offered representation of information. An Affidavit (Civil Process) is generally used to establish or confirm a point of fact. The person who makes an Affidavit (Civil Process) is called an affiant. The affiant offers information while under oath or must otherwise affirm the truthfulness of the information in the Affidavit (Civil Process).

See Also

Discovery (Civil Process) Warrant (Civil Process).

Analysis and Relevance

An Affidavit has a variety of uses in the legal process. Affidavits may be used, for example, to itemize losses in a civil action. Affidavits are also used to indicate that proper notice of a hearing has been made to all parties. An Affidavit is commonly used as a means of discovery and is essentially like a deposition. An Affidavit is also used for such other reasons as certifying the giving or receiving of a hearing notice or service of a summons. Affidavits may also be offered in response to an action by a plaintiff as in the case of a motion for summary judgment.

Notes and References

  1. Definition of Affidavit from the American Law Dictionary, 1991, California

Affidavit Definition

(Lat.) In practice. A statement or declaration reduced to writing, and sworn or affirmed to before some officer who has authority to administer an oath. 80 111. 307; 59 Mo. App. 188; 1 Mich. N. P. 189. It differs from a deposition in this, that in the latter the opposite party has an opportunity to cross-examine the witness, whereas an aflSdavit is always taken ex parte. 3 Blatchf. (U.S.) 456; 4 Kan. 124. It is not synonymous with oath (76 Ky. 417), but includes the oath (2 Chand. [Wis.] 29-32, note). It is not a pleading. 7 Ean. 859.

Affidavit in Foreign Legal Encyclopedias

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Affidavit Affidavit in the Family Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the IP Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Commercial Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Criminal Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Antritrust Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Constitutional Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Tax Law Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the and Finance and Banking Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Employment and Labor Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Affidavit Affidavit in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

(Lat.) In practice. A statement or declaration reduced to writing, and sworn or affirmed to before some officer who has authority to administer an oath. 80 111. 307; 59 Mo. App. 188; 1 Mich. N. P. 189. It differs from a deposition in this, that in the latter the opposite party has an opportunity to cross-examine the witness, whereas an aflSdavit is always taken ex parte. 3 Blatchf. (U.S.) 456; 4 Kan. 124. It is not synonymous with oath (76 Ky. 417), but includes the oath (2 Chand. [Wis.] 29-32, note). It is not a pleading. 7 Ean. 859.

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Notice

This definition of Affidavit Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

A written statement of facts sworn to by the person making the statement in the presence of an officer authorized to administer the oath. The purpose of the affidavit is to help establish or prove a fact. For example, an affidavit may be used to prove a person’s identity, age, marital status, and possession of property. It may also be used as an essential part of a court case or action. An affidavit is always a complete instrument within itself, whereas an acknowledgment (see it in this U.S. encyclopedia) is always part of, or rather an appendage to, another instrument. An affidavit is sworn to but an acknowledgment is not. Both the person making the affidavit and the officer administering the oath sign an affidavit; only the officer taking an acknowledgment signs it. An affidavit has a jurat (read more about jurat here) but an acknowledgment does not.

Essentials of an affidavit

Some affidavits are written in the first person and some in the third person, but they all have the following basic essentials:

1. Venue. When an affidavit is used in a court case, it is always preceded by the caption of the case. The affidavit itself begins with a recital of the venue.

2. Name of affiant. The name of the person making the affidavit is written in solid caps.

3. Averment of oath. The introduction to the affidavit avers that the affiant was sworn, or made the statement under oath.

4. Statement of facts. The body of the affidavit is a narrative of the facts that the affiant wishes to state.

5. Signature of affiant. The affiant always signs the affidavit, even those that are written in the third person.

6. Jurat. A jurat is a clause in an official certificate attesting that the affidavit or deposition was sworn to at a stated time before an authorized officer. It is often referred to as the “sworn to” clause.

(Revised by Ann De Vries)

What is Affidavit?

For a meaning of it, read Affidavit in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Affidavit.

Affidavit in Immigration Law

In this area of law, Affidavit means: A document in which a person states facts, swearing that the facts are true and accurate. The person should sign the affidavit under oath and the signature should be witnessed by an official, such as a notary public.

Concept of Affidavit in Judicial Assistance

In this context, a definition of Affidavit may be as follows: A written statement made voluntarily and confirmed either by (1) the oath or affirmation of the party making it, taken before an officer having the authority to administer such oaths (See 22 CFR 92.22), or (2) by conforming to the rules of a particular court for signing an affidavit without the use of a notary or equivalent (e.g., declaring a statement to be true under penalty of perjury).

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Financial affidavits in dissolution of marriage actions: are they really mandatory?(Florida), Florida Bar Journal; June 1, 2005; Manz, David L.

    Affidavit: Rock Hill, S.C., Bank’s Ex-President Took Part in False-Loan Scheme., Knight Ridder/Tribune Business News; August 14, 2002

    Affidavits Suggest Suspect Long Targeted Masseuses, The Seattle Times (Seattle, WA); March 7, 2013; Green, Sara Jean

    FBI Affidavit Accuses Ron Calderon of Accepting Bribes, Whittier Daily News; October 31, 2013; Sprague, Mike

    Procurement Affidavits Unsealed; Defense Consultants Allegedly Paid Navy Engineer for Information, The Washington Post; January 4, 1989; Caryle Murphy Ruth Marcus

    AFFIDAVIT ALLEGES RESTAURANT IS SITE OF OXYCONTIN SALES SITE SEARCHED IN JANUARY, The Roanoke Times (Roanoke, VA); March 16, 2002; JEN McCAFFERY and JENN BURLESON THE ROANOKE TIMES

    Indian Affidavits Of Use: A Tool For Effective Trademark Prosecution And Enforcement., Mondaq Business Briefing; November 9, 2011

    Affidavit in flipping probe alleges bankruptcy fraud; An Andover man used an alias to conceal assets, a federal investigator says; the man’s attorneys say he has done nothing wrong.(NEWS), Star Tribune (Minneapolis, MN); January 14, 2000; Brandt, Steve

    Withdrawal Of Affidavits.(Case overview), Mondaq Business Briefing; January 9, 2012

    Failure to have experts’ affidavits properly sworn to, etc.(RX For Physicians Caveat), Medical Law’s Regan Report; July 1, 2003; Tammalleo, A. David

    Deaths Detailed in Affidavit, The Register Guard (Eugene, OR); September 20, 2012

    Chicago demands affidavits from firms on fee-splitting.(Merrill Lynch and Company Inc., Lazard Freres and Co.), The Bond Buyer; November 16, 1995; Pierog, Karen

    Failure to file affidavit of merit proves fatal to case.(Rx For Physicians Caveat)(Mouradian v Goldberg), Medical Law’s Regan Report; January 1, 2004; Tammelleo, A. David

    Medicare `Scheme’ Alleged; FBI Affidavit Cites Columbia/HCA Executives, The Washington Post; October 7, 1997; David S. Hilzenrath

    Reconsidering the Sham Affidavit Doctrine, Duke Law Journal; October 1, 2000; Cox, Collin J.

    Sosa among players named in affidavits BASEBALL, International Herald Tribune; December 22, 2007; Duff Wilson The New York Times Media Group

    COURT DECISION MAKES IT IMPERATIVE GARNISHMENT AFFIDAVITS CONTAIN NEW AND PRECISE LANGUAGE-OR PENALTIES COULD RESULT, Commercial Law World; September 1, 2006; Cook, Courtney Hyslip, Jeffrey

    Man confessed to killing San Jose rookie cop, affidavit says.(Knight Ridder Newspapers), Knight Ridder/Tribune News Service; November 9, 2001; Woolfolk, John

    Affidavit: Accuser Fantasized about Having Big Ben’s Kid, Tribune-Review/Pittsburgh Tribune-Review; August 8, 2009; Cato, Jason

    Affidavit Suggests Racial Motive in S.Md. Mass Arson, The Washington Post; January 28, 2005; Ruben Castaneda

    Affidavit in relation to Invention and Patent Law

    A signed statement filed (with the patent office) putting appropriate facts or opinion on the record.

    Affidavit in the context of Juvenile and Family Law

    Definition ofAffidavit, published by the National Council of Juvenile and Family Court Judges: A written statement of facts signed under penalty of perjury, often before a court clerk or notary public who administers the oath to the signing party, who is called the affiant or declarant. Affidavits are routinely required for the procurement of warrants and are used in some jurisdictions to initiate juvenile court proceedings. They may be admitted into evidence.

    Affidavit Definition in the context of the Federal Court System

    A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

    Affidavit: Open and Free Legal Research of US Law

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