An affidavit is a written statement that is confirmed by oath or affirmation for use as evidence in court. Basically, it’s the same as putting your hand on a Bible in a court of law where you swear to “tell the truth, the whole truth and nothing but the truth”; but instead you’re putting it in writing.
You’re under oath but on paper when you prepare and sign an affidavit. Lying in what is otherwise known as a sworn affidavit can carry with it a charge of perjury. As you may know, perjury is a criminal offense for lying under oath.
An affidavit is typically used if:
A person is qualified to sign an affidavit if:
No, in most cases it is not necessary to use a lawyer to draw up an affidavit. However, an affidavit does need to be signed and notarised by a valid notary public.DOWNLOAD SAMPLE AFFIDAVIT HERE
Before signing an affidavit, it’s extremely important that you read it carefully and make sure everything is factually correct. If you are sure everything in the affidavit is correct and valid, you are free to sign it.
However, if you are not happy with what has been included in the affidavit and/or cannot say in good faith that the information is factually correct, do not sign until it has been corrected and re-issued.
You have to sign an affidavit in front of a notary public or similar authority to make the affidavit fully legal. A notary public simply witnesses signatures, and will then sign his/her name to attest that he/she knew what you were signing and that he/she witnessed the signature made on the affidavit.
A notary public will:
A person is charged with perjury for making a false statement after being sworn in or promising to tell the truth in a court of law. In the case of an affidavit, a person has sworn to tell the truth on paper.
The penalty for perjury differs from country to country but it generally carries a prison sentence for at least one year as well as a possible fine.
The person under oath - the signer - is sometimes called a deponent or affiant. This person can certify that the contents entered in the affidavit are fit to stand as evidence in a court of law. He or she can also verify the facts such as date of birth and identity number.
An affidavit will always include the following:
Affidavit of ________________________________________________
State of ________________________________________________
Country of ________________________________________________
The undersigned, _________________________________, being duly sworn, hereby deposes and says:
I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete.
Executed this ________________ day of _______________________ 20_____ .
State of ____________________ Country of _____________________
Tile (and Rank)
My commission expires: _____________________________________
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