11/10/2019 0 Comments
A Brief Summary of Affidavits
An affidavit is a sworn, written statement from a witness in a case. The legal document sets out the facts of the case and tells the court that the information contained in the affidavit is 100% true and factual. In other words, an affidavit is the written version of a sworn testimonial. An affidavit may be given on any court petition, motion or evidence.
Drafting an Affidavit
The affidavit is usually prepared by a solicitor or barrister once they receive all the necessary information from you. However, your own solicitor is prohibited from signing your affidavit. You must go to a Notary Public or Commissioner for Oaths to swear in the document. They will check that you have read the affidavit and fully understands its contents. You will then swear in the document and sign the affidavit. The Notary Public/Commissioner for Oaths will verify that the affidavit was properly sworn by completing and signing a jurat on the affidavit. The affidavit can then be submitted as evidence to the court.
Information Contained in an Affidavit
An affidavit must include the following:
- The title of the case
- The identity of the person making the affidavit
- The occupation and address of the person making the affidavit
- A statement that the witness is over 18 years of age or, if their age if the are under 18
- The evidence, which must be facts that the witness is able to prove of their own knowledge and how they got this knowledge.
- The signature of the witness and the date they signed it
- A jurat, which is a section on the affidavit where the Commissioner for Oaths verifies and signs that the affidavit was properly sworn
Proceedings that Require an Affidavit
The majority of legal proceedings may require an affidavit, from personal injury cases and property transactions to business transactions and estate contentions. At certain times during the course of the legal proceedings becomes necessary for particular facts to be affirmed in a sworn statement. An affidavit will also be necessary for cases that do not involve an oral hearing with witnesses giving evidence in court. Instead, these cases are dealt using only affidavits and may even require multiple affidavits from the same person.