If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.
An individual can offer an, as long as they have the mental capacity to understand the seriousness of the oath. The contents of an affidavit reflect the personal knowledge of the individual making the statement. This means that an individual making an affidavit cannot be penalised for failing to include information of which they were not aware.Personal knowledge can in some circumstances, include personal opinion rather than fact.In certain cases, an affidavit can be offered on behalf of somebody else. This may be the case in relation to the guardianship of an individual who is severely mentally ill.
When completing an, you must ensure that you set out your account of the facts/events exactly as they happened. Take care to ensure that you have read the affidavit to ensure that it is correct.As the document is accompanied by an oath that is legally binding, it is imperative to ensure that the facts are clearly and accurately represented. If any errors are found in the affidavit, they should be corrected before the affidavit is signed. This is a condition, regardless of whether it is convenient for the officials taking down the information and witnessing the document.If an individual knowingly makes a false by making a statement which is false, then they can be found to have committed contempt of court.
If false testimony was given in an affidavit form, the affiant, or the person who executed it, exposes himself against prosecution for the crime of perjury or giving a false statement under oath.Keep in mind, there are situation-specific affidavits that may best serve your purpose for writing one, which is outlined at the end. However, to write a non-specific affidavit that can be used to serve nearly any purpose – follow the steps, below.How To Write An Affidavit. Determine the title of the affidavit. If the affidavit is a sworn statement, then the name and address of the person giving the testimony must be included in the title, e.g.
Affidavit of Jane Doe. If the affidavit will be submitted before the court, the caption of the case must be stated at the top. The case caption may be found on any of the pleadings filed by the parties in said case.
The caption must include the name of the court, the county and the state, the names of the parties, and the case number. In the first paragraph of the affidavit, include personal information about the affiant: his address, place of work, date of birth, occupation, immigration status, and the relationship of the affiant to any of the parties in the case.
Write an opening sentence, which must be in the first person. Then, state that the affiant is swearing under oath or affirming the information in the affidavit. Make an outline of the facts to be stated in the affidavit. Determine which among the listed facts, are relevant and important, and disregard those that are not. Arrange the facts in a coherent manner. State each fact in its own paragraph.
Number the paragraphs so that it will be easier to read it and to refer to it in court. Describe each fact concisely and clearly by providing names, dates, addresses, and other information as needed. Reference supporting documents by marking them as “exhibits.”. Next, make a statement that the affidavit is a complete representation of the facts to which the affiant is swearing.
Also, spell out the oath that the affiant is taking. Create the signature block.