Affidavit – What is an Affidavit?

Affidavit - What is an Affidavit?

An affidavit is a document accompanied by an oath or a sworn statement that the document’s contents are factual. People make affidavits in conjunction with court cases, or an affidavit can be used along with a mortgage application. Many forms double as affidavits, by virtue of an included line that states that the applicant has filled out the form to the best of his or her knowledge, and that deliberately providing fake information can lead to perjury charges being leveled.

“Affidavit” is a Latin word that means that someone has pledged faithfully in complete lawful knowledge. They are voluntary in nature, and no one can force you to provide one. The court can require that a person give a deposition, however. A deposition is different from an affidavit- both are written but a deposition involves cross-examination as well.

The affidavit’s content is a reflection of the declaring party’s knowledge. You cannot be penalized for omitting information you were unaware of at the time. Your personal knowledge can include your opinion, but it must be clearly stated that it is an opinion. Anyone can provide an affidavit, as long as they have the mental capacity to enter an oath. In some instances, someone can offer an affidavit on another person’s behalf (such as in the case of a mentally ill person or a child).

Most affidavits are witnessed by either a notary public or another official like a court clerk. It’s a notary’s job to witness documents for people for a fee. The witness’ signature indicates their pledge that the information is true and accurate. Affidavits can be used in court or submitted to other governmental organizations.

When an affidavit is entered, the person should read if it has been taken by someone else. Since the document is legally binding, it’s vital to ensure that the facts are truthfully represented. If there are errors in fact, they should be corrected before signing.

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January 10, 2010
By This entry was posted on January 10, 2010 at 3:13 pm and is filed under Forms. You can follow any responses to this entry through the RSS 2.0 feed.

Affidavit – What is an Affidavit?

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