Court cases require the parties involved to provide proof or evidence supporting their positions in the case. Such proof can be in the form of an affidavit, which is a document submitted to the court that contains written testimony, under oath, by a person having knowledge of facts pertaining to the case. Affidavits are given as much weight as a witness being present to give oral testimony during a trial or hearing and are typically used when the witness cannot be physically present.
- Skill level:
- Moderately Easy
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Insert the heading of the case at the beginning of your document. The heading will include the name of parties, the court and the case number. Directly below that, insert the title of the affidavit. For example: "Affidavit of Jane Doe."
Write the body of your document, beginning with an opening sentence that should include something to this effect: "Comes the Affiant, (your name), under penalties for perjury, and states the following:"
Write in your facts next, putting them into separate and numbered paragraphs. Paragraph No. 1 should provide information that identifies who you are. You should at least include your name, address and your relationship (if applicable) to the parties involved in the case.
Insert at the end of your facts a non-numbered sentence in a separate paragraph that states the following: "The Affiant further sayeth not." This will indicate to the court that you have nothing further to say in your written testimony.
Create a signature line with your printed name underneath.
Insert below your signature a notary jurat, which is certification that states when, where and before whom the affidavit was sworn. For example: "Subscribed and sworn to by (name of affiant) before me on the (date) day of (month), (year)." Below that will be the signature of the notary public as well as her printed name and the date that her commission expires. It may also require the county and state in which the notary is located.
Sign your completed affidavit in front of a notary and file the original with the court, keeping a copy for yourself. Provide a copy to each party in the case as well.
Tips and warnings
- Keep each statement brief, sticking to the facts based on what know, not what you assume to be true.
- When providing a copy of your affidavit to the other parties, obtain the appropriate address for each through the court
- Do not lie. If an affiant places something untrue into an affidavit, any such misrepresentation of the facts will be subject to perjury charges.
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