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How to write a legal affidavit

Updated April 12, 2017

An affidavit is a written document that is sworn to be accurate and honest by the person writing it. Affidavits are facts not opinions and must be signed in the presence of a person with legal authority, such as a judge or a lawyer. An example of an affidavit is a written eyewitness account of an assault sworn to be true by the witness in the presence of a lawyer.

Visit a county courthouse and ask a court clerk for an affidavit form to complete. You can create your own affidavit form by writing at the top of a blank piece of paper "Affidavit of ___ Event." For example: Affidavit of Burglary in Shopping Mall.

Provide in the affidavit such basic information as your name, address, date of birth and how you can be reached in case of any questions.

Write the time and date that the event occurred, telling your account of the events in clear, simple terms. Do not exaggerate.

Sign the document and then swear on a holy book in front of a legal authority, such as a court commissioner, lawyer or judge, that the document is true. Alternatively, you may affirm the document's truth in front of a legal authority in writing and verbally.

Tip

Write the affidavit as quickly as possible after the event has occurred in order to ensure that you remember the details of the event as accurately as possible.

Warning

An affidavit is a binding legal document. and lying on an affidavit is a criminal offence. You may be asked to defend your affidavit in a court of law.

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About the Author

Deb Cohen has been a writer since 1995 when she was only ten years old. Cohen has written for several blogs. She wrote for the McGill University newspaper where she graduated with honors with a degree in political science.