How to affirm an affidavit

Written by george lawrence
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How to affirm an affidavit
Signing an affidavit under oath affirms the document and attests that it is the truth. (signing a contract image by William Berry from Fotolia.com)

Lawsuits involve applying law to fact; at the heart of any lawsuit, therefore, is a mantra from "Dragnet's" Joe Friday: "Just the facts, ma'am." Litigants have multiple ways to present facts; two common forms are witness testimony and affidavits. An affidavit is a written document, signed under oath or affirmation. Because the affidavit is a sworn document, the affiant (the person who gave the statement) is guilty of perjury if he lies in the document. Affirm an affidavit by signing it under oath.

Skill level:
Easy

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Instructions

  1. 1

    Draft the affidavit. In the affidavit, include the facts and circumstances pertinent to the case. Facts generally include the name and birth date of the affiant and a description of what the affiant saw or witnessed.

  2. 2

    Take the document to court or to a notary public. Ask to be sworn under oath. You must be sworn under oath by a person authorised to do so (such as a county clerk or a notary public).

  3. 3

    Sign the document under oath and in the presence of the person authorised to swear you in. Signing the affidavit under oath affirms the affidavit; it is your personal guarantee (under penalty of perjury) that the document contains the truth.

  4. 4

    Notarise the document or have the document signed by the person who swore you in.

Tips and warnings

  • Affirming an affidavit is relatively uniform across multiple legal systems; the references below describe very similar processes in the US, Canada, and Australia. Review the sample affidavit form to familiarise yourself with what an affidavit looks like.

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