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Affidavit
An affidavit is a written statement voluntarily made by an individual, known as the affiant or deponent, under oath or affirmation. The oath is administered by a person authorized by law, such as a notary public or commissioner of oaths, who also witnesses the affiant’s signature to confirm its authenticity.
The affidavit serves as a legally binding document in which the affiant swears that the information provided is true and correct to the best of their knowledge. Making a false statement in an affidavit can result in criminal charges for perjury. Affidavits are commonly used in various legal proceedings, including court cases, bankruptcies, will preparations, and divorce matters, as they provide a precise and convenient way to record important facts without requiring the affiant to be physically present in court.
A typical affidavit includes:
- Identification of the affiant
- A statement of facts
- A jurat or attestation clause certifying that the statement was made under oath on a specific date
- Signatures of the affiant and the administering official
Affidavits are considered evidence in legal proceedings and are subject to the same standards of truthfulness as oral testimony given under oath in court.