If the affidavit is being submitted before a court, you’ll need to include your case caption in the title. Give the affidavit a title that tells the reader what the statement will be about.When preparing an affidavit, there are six steps that you must follow in order for the statement to be considered legally valid. Under certain circumstances, an affidavidt may provided by a guardian on behalf of an individual who is mentally incapacitated. In these instances, statements of belief or opinion will need to be clearly stated as such in the affidavit. It also means that the statement may include personal beliefs or opinions in place of, or alongside, fact. This means that the individual providing the statement is not held liable for information of which they were not personally aware. Affidavits are understood to reflect the personal knowledge of the individual providing the oath. The individual who provides an affidavit is known as an “affiant.” Who can provide an affidavit?Īny individual can offer an affidavit as long as they have the mental capacity to undertake the oath of their own free will. They are the written equivalent of providing a statement under oath.Īffidavits are legally binding documents that carry the same penalties as perjury if the statements are found to be lies. Affidavits are most commonly used to prove the truthfulness of a statement provided during court proceedings or other types of negotiations. What is an affidavit?Īn affidavit is a sworn statement from an individual that is provided in writing outside of a courtroom. Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.
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