An affidavit is a statement placed in writing. The person or people making the statements in an affidavit assurance, under penalty of perjury, that the facts laid out in the affidavit are true to the best of their knowledge. Affidavits take specific forms, and in the majority of cases are filed as evidence in civil or criminal cases. Additionally, there are affidavits that are made in police investigations, in the span of monetary transactions and by people supporting certain programs, like an application for citizenship.
History
The noun”affidavit” derives from a Latin term meaning”declared under oath.” The source of contemporary affidavits was sworn affirmations, or oaths, made by individuals to public authorities. In written form, these oaths were set down With time. The contemporary affidavit is sworn before a notary public or other official, like a clerk of court, who’s licensed to confirm identification and observe oaths.
Function
The affidavit serves to offer proof in a situation in which the personal appearance of the witness is not possible or not required. Affidavits can be provided by witnesses in a criminal case, for instance, who may fear retaliation for a court appearance. An affidavit can also be drawn up by an attorney who’s a party to the situation. For instance, an attorney trying to have a clerk issue a new summons following an old one has been lost should draw up an affidavit of lost summons, register the record and have it witnessed by a notary.
Characteristics
The person testifying in an affidavit is known as the affiant. When filed in court, the record must carry the fashion of the situation in which it is filed. Case styles are headings that include place (the court in which the case is discovered ), case number and the titles of those parties to the situation. Affidavits incorporate a collection of numbered paragraphs, each containing a separate and individual averment, or attestation of truth. The affidavit should include a jurat, which affirms that the statements are being made under oath. It has to be dated and also signed by the affiant, and must take a notary block in which the notary’s printed name, signature and expert certification appear.
Factors
A witness who doesn’t appear in court, but who provides only a written affidavit, doesn’t normally offer additional testimony in front of a jury , and can’t be cross-examined by attorneys or contested by judges. Because of this, the affidavit may present unchallenged, prejudicial advice to a party to the situation. For this reason, attorneys using affidavits will normally seek out corroborating evidence, if at all possible, as judges normally favor physical signs and direct witness testimony within affidavits.
Warning
If false information is secured to on an affidavit, the affiant could be impeached (found to have knowingly provided false testimony) and exposed to the serious criminal charge of perjury. If the affidavit is wrongly drawn upward, with opinions instead of statements of truth, for instance, it could be barred from the record on a motion of a party to the situation, as well as by order of the presiding judge. In addition, affidavits found to have been drawn up under duress, or in exchange for money or other consideration, will normally be thrown out of court.