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Affidavits are voluntary sworn statements used to clarify the truthfulness of specific information. The person writing the document—the affiant—declares that the information therein is accurate to the best of their knowledge. An affidavit becomes legally binding when properly executed. Therefore, it is critical that you only include facts. You should never guess or rely on hearsay.
For an affidavit to be valid, the affiant must be an adult of sound mind. Most regulations also require signatures, notarization, and the notary public’s seal. Affidavits serve varied fields: You can use them when dealing with government institutions to verify your identity or a credit provider to confirm the residential address you provide. People often use affidavits in court proceedings to affirm their witness statements.
A general affidavit is quick to draft, especially if you use a template. However, you must prepare by obtaining the necessary information and reviewing applicable laws. Let’s learn how to create an affidavit, its components, and when you need one. We’ll also answer some frequently asked questions about general affidavits.
An affidavit does not require lengthy background stories or a history of facts you attest to. Still, it must contain enough information to give the recipient an overview of the facts and a clear sworn statement. They typically contain the following information:
The title should clarify what the affidavit is about. It can be your name or, if the document is to be submitted in court, a caption containing the plaintiff and defendant’s name.
The person writing the affidavit should give their full name and residence address. This section provides relevant case details if the document is used in litigation.
Express who you are and why you are qualified to attest to the facts in the document.
An affidavit must contain the facts or truths the affiant wishes to legally establish. Each paragraph should list a single fact for clarity. It’s best to number each point for clarity.
The document contains a paragraph in which the affiant confirms the facts are correct. Some affidavits include variations of this statement twice: before and after listing the facts.
The affiant and notary public or an officer of the court should append their signatures and write their legal names. If notarizing is necessary, ensure the official is present when you sign the document.
The notary seal impression is proof of notarization and adds credibility to your document.
You don’t always need an attorney to draft an affidavit, but you should pay close attention to how you write to ensure the document reads well and makes a good impression.
A well-crafted affidavit is more than just the contents. How you write influences the reader’s perception of the facts. Remember the following tips.
Use short, clear sentences to make the message quick to grasp. Also, it’s advisable to use short paragraphs so readers can quickly scan through to locate the facts and your oath. The entire document typically fits on one page.
Accuracy is of utmost importance. If you lie under oath, you may be guilty of perjury, which is punishable by jail terms or hefty fines. You can avoid lying unintentionally by only attesting to facts you know. Including what someone else told you or what you think happened is risky. Always write in the first person.
Proper formatting is crucial for all affidavits, even if you are not submitting the document in court. If you are using a template, you may need to move some sections around to meet the legal requirements in your location.
Keep your voice and tone formal. Although being formal when dealing with long-lasting disputes can be challenging, doing so protects your reputation and works in your favor.
The affiant and the notary public should sign the document.
Any adult of sound mind can draft an affidavit. You do not usually require an attorney to write these documents. However, you may need legal advice to abide by the law.
General affidavits can be used in many situations, including the following:
Prosecution and defense teams often gather affidavits from witnesses to prepare for trial. Still, neither they nor a judge can coerce you into making sworn statements. These documents are created voluntarily, and the author bears full responsibility for false or inaccurate facts.
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