What is an Affidavit?
Case law refering to affidavit examples:
He argued that he had made a determination that probable cause existed to detain the minor based on an affidavit and other documents. The detention was, according to Osborne, an effort to protect another minor from a potential threat.
A month later, the grandparents sought permanent legal and physical custody of the child. Id. The child's father executed an affidavit, which the grandparents attached to their complaint for custody, in which he stated that it was in the child's best interest.
Rule 606(b) has been interpreted by the supreme court as prohibiting consideration of any evidence from a juror by affidavit or any other form of communication that would invite the court to examine the deliberations of a jury.
Attorneys pursuant to Mississippi Rule of Discipline 11; 5. Edward J. Peters shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law.
Rogillio filed an application for an entry of default, submitting an affidavit citing the fact that American States had failed to answer or otherwise defend in the action.
An affidavit is a formal sworn statement of fact, signed by the author, who is called the affiant or deponent, and witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is Medieval Latin for he has declared upon oath. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.
Uses of affidavits include:
--To allow evidence to be gathered from witnesses or participants who may not be available to testify in person before the court, or who may otherwise fear for their safety if their true identities are revealed in court.
--To obtain a declaration on a legal document, such as an application for voter registration, that the information provided by the applicant is truthful to the best of the applicant's knowledge. If, after signing such a declaration, the information is found to be deliberately untrue with the intent to deceive, the applicant may face perjury charges.
Affidavits may be written in the first or third person, depending on who drafted the document. If in the first person, the document's component parts are:
--commencement which identifies the affiant;
--the individual averments, almost always numbered as mandated by law, each one making a separate claim;
--statement of truth generally stating that everything is true, under penalty of perjury, fine, or imprisonment; and
-- an attestation clause, usually a jurat, at the end certifying the affiant made oath and the date.
If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preambule, is added attesting that the affiant personally appeared before the authenticating authority.