First of all, what is an Affidavit? Black’s Law Dictionary defines an affidavit as a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath (Cox v. Stern, 170 111. 442, 48 N. E 900, 62 Am. St Rep. 3S5; Hays r. Loomis, S4 111. 18). Unless the Affidavit is meant to be used in a criminal procedure, you do not need a lawyer to execute an Affidavit, but you will need to sign it before a notary public or any other officer authorized to administer oath. A Notary Public is “a public officer whose function is to attest and certify, by his hand and official seal, certain classes of documents, in order to give them credit and authenticity..” (Black’s Law Dictionary). Most banks, UPS outlets and city/township halls have one. You can prepare your own Affidavit first, by writing the title. The title of your Affidavit will depend on the purpose for which you are presenting it. It must include the full name of the person making it (example: Affidavit of Loss of John Doe). If the Affidavit is drawn for court purposes, include the title of the case, the case number, the name of the court, and the county and the state. There are different kinds of Affidavits, depending on the purpose for which it is executed and the person before whom it shall be sworn. These purposes include but are not limited to sworn statement of a witness, declaration of loss, paternity, a name change, residency (popular among students), support (a requirement for tourists and immigrant alike, to attest that they will not be a burden to the US Government), bulk transfers, and probate. The goal is either to clear one’s name or to offer facts. The first paragraph always introduces the person making the Affidavit. State your full legal name and other personal information such as age (although in some Affidavits it is enough to say that you are of legal age), your complete address, and your relationship to the legal matter at hand. Expert witnesses executing an Affidavit must specify their academic and personal qualifications that make them experts in their field. The Affidavit must be written in the first person (example: I am John Doe, married, of legal age and a resident of 123 Sesame Street, etc.). Narrate the relevant facts or the events that took place in chronological order and intelligible manner. If there are witnesses, identify them in like manner above. Make your narration as exhaustive and as detailed as possible, specify dates, names, addresses and other important details. Each fact or circumstance must be numbered and separated by paragraphs; do not muddle the facts or events into one long paragraph. When paragraphs are numbered and presented in an orderly manner, it will be convenient for the court, the public official or any person reading it to go back to it later and refer to certain points. Mark as “exhibits” any evidence you are attaching to your Affidavit. The Affidavit must include a statement to the effect that you are signing under oath and that the facts you enumerated are the truth to the best of your knowledge. Sign the Affidavit in front of the Notary Public or the person authorized to administer oaths. Voluntariness of execution is an important element of an Affidavit. This being said, any sworn statements made under duress are not considered valid, are not admissible in court, and may not be used for the any purpose it may serve except to prove that it was executed under duress. Make sure that all the facts enumerated are true. If you are stating an opinion, state it in clear terms so as not to be confused as a declaration of fact. Giving false statement under oath is a criminal offense known as perjury and is punishable by law. The law on perjury and its concomitant penalty/punishment is set by a state. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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