Written by Team Farallon
An affidavit is a signed statement that is sworn on oath and has to be made voluntarily without coercion. If found otherwise, the affidavit would be considered invalid. This article will guide you through the process of making an affidavit and what you can expect.
An affidavit is used to present evidence in court. It can be used to provide evidence for different topics such as the authenticity of a document or facts of the case.
Some common types of affidavits include:
Any individual who has intellectual capacity would be able to make an affidavit. This also includes children, as long as they can fully comprehend the facts of the affidavit, along with the moral and legal implications of making the affidavit.
If English is not your preferred language, your affidavit can be first written in another language and then translated in court.
Certain affidavits have a fixed template for you to follow and the court may reject it if it does not follow the template. You should follow the template provided by the court in charge of your case.
There are a few general guidelines to include when preparing an affidavit:
This includes your full name, identification number, occupation and residential address. If you are providing the affidavit in a professional setting, you may include your business address instead.
Your affidavit should include the main purpose of your affidavit and state the legal proceedings where it would be used. It should also include the intended purpose.
This includes your source(s) of information. Your facts should also be supported by any relevant materials such as photographs, CDs, documents or receipts. You may refer to the guidelines for exhibits provided by the court in charge of your case, or consult your lawyer.
After preparing your affidavit, you would need to swear or affirm that the contents of your affidavit are accurate to the best of your knowledge.
This would be done in the presence of a Commissioner of Oaths, who would also need to sign your document to authenticate it.
It is important to note that providing false information on an affidavit is considered a criminal offence and can be punished with imprisonment and/or fines.
While this guide provides general guidelines for creating your affidavits, it is best to consult a lawyer to ensure that your affidavit meets the required specifications. It is also important to note that providing false evidence in your affidavits is a criminal offence and it is best to consult a reliable litigation lawyer when making one.
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