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AFFIDAVIT

Prepared 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
Wh o ca n make an affi dav it?
 no age requirement
 has the mental capacity to understand
the seriousness of the oath
 on 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 court
 when the testimony is of such a nature
that it does not present well for live
testimony
 when it is necessary to preserve the
resources and time of the court
What does an affidavit look like?
 typed (double line spaced and 12 point
font)
 printed clearly on only one side of the
page
 content 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
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:
 Caption
 Body
 Jurat
What are the kinds of an affidavit?

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