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How to get an affidavit

Updated March 16, 2017

An affidavit is a legal document that contains sworn facts and statements. Most of the evidence in any lawsuit is derived from the information contained in an affidavit. Since the affidavit is written and sworn to under penalty of perjury, the information contained in that document is just as effective as information given from a live witness at a trial. There is no formal requirement to getting an affidavit but this guide will provide you with the basic steps.

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Report to your local courthouse and ask for an affidavit form. Affidavit forms are readily available for free at most local courthouses. The forms may be filled out by following simple instructions provided on the form. A form affidavit is not required, however, for a valid affidavit.

Have your witness prepare a statement containing all material facts pertinent to your legal matter. This can be done using the form described in Step 1 or by having the witness transcribe his or her statement onto a piece of paper or a word processing document.

Notarise the document. Many banks offer free notary services, as well as some libraries. The notary will require that you or the witness sign and date the document in the notary's presence. The notary will then act as a witness of this and affix the notary's seal of commission. Once signed and notarised, the document is an affidavit.

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About the Author

Based in Traverse City, Mich., George Lawrence has been writing professionally since 2009. His work primarily appears on various websites. An avid outdoorsman, Lawrence holds Bachelor of Arts degrees in both criminal justice and English from Michigan State University, as well as a Juris Doctor from the Thomas M. Cooley Law School, where he graduated with honors.

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