Just the Facts on Affidavits

An affidavit is a written, sworn statement of fact made by a person under oath or affirmation, overseen by someone authorized to do so legally. The signature of affidavits must be witnessed by a “taker of oaths” such as a notary public to verify authenticity.

The term affidavit is Latin, meaning “he has declared upon oath.” As a form of declaration or statement, affidavits serve as evidence in legal settings such as courts. And, as such, must contain only factual information or the author may be subject to punishment of perjury, in some cases.

Affidavits are ideal for providing testimony of people in non judicial settings (such as declarations on legal documents) or when a person is unable to attend a court proceeding.

Affidavits can be written in first or third person, depending on who is actually writing the document.

The key components include:
• Identification of the person making the statement (name, address, date of birth)
• Specific claims of facts, usually numbered
• A statement of truth, attesting that the claims are true under penalty of perjury, fine or imprisonment
• An attestation clause, certifying the oath and date, and
• Signatures of the author and witnesses

It’s important to be brief in descriptions and remove any language that would take on the form of exaggeration or embellishment, or that include opinion and commentary. These elements hurt an affidavit more than they help.

Proper drafting of affidavits and other legal documents is important and if you are at all uncertain as to any aspect of it, consult professional legal advice to ensure it meets all necessary requirements.

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