affidavits

An affidavit is a written statement of facts voluntarily made by a person under oath or affirmation, used as evidence in legal or administrative proceedings. It is a sworn declaration that the affiant believes to be true, based on personal knowledge or information the affiant reasonably believes to be true.

Form and procedure: Affidavits are prepared in writing and signed by the person making the statement (the affiant). The signature is typically witnessed or certified by an authorized official, such as a notary public or commissioner for oaths, who administers an oath or affirmation. A jurat clause (sworn to) or an acknowledgment clause may appear at the end. The affiant should base the statements on personal knowledge unless the document is an expert affidavit, in which case it may include the expert’s qualifications.

Uses: They are commonly used to prove facts in court filings, to support or oppose motions, to establish residency or identity in administrative processes, to verify service of process, or in real estate transactions (for example, statements about ownership or condition of property). They can also accompany applications, petitions, or other forms requiring sworn verification.

Admissibility and limitations: Affidavits are subject to evidentiary rules and may be challenged for credibility, accuracy, or relevance. They are generally considered hearsay unless an exception applies, and perjury penalties may attach if a statement is knowingly false. In some circumstances, affidavits may be supplemented or replaced by depositions or live testimony.

Notes: For international use, affidavits may require translation and further authentication, such as an apostille, to be recognized abroad.