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updated September 1, 2023 · 4min read
At one point or another, just about everyone is required to sign some type of affidavit in the course of conducting common personal and business affairs. That makes it important to understand what affidavits are and how they are used. Simply put, an affidavit is a sworn statement of fact that can be used in a variety of legal proceedings.
Everyone who has watched a television show about lawyers, from Perry Mason to Boston Legal to Bull, has seen courtroom witnesses swear to “tell the truth." A lawyer often says to the witness, “I remind you that you are under oath." If the witness lies on the witness stand, they can be prosecuted for the criminal offense of perjury.
An affidavit is the written version of swearing under oath to tell the truth, just as if you were testifying in a courtroom. The document is signed both by the person making the statement, called an affiant, and by a person who is legally authorized to administer an oath, such as a notary public or certain court and government officers.
Signing an affidavit that contains false information can subject the affiant to criminal penalties. Therefore, before signing, it is very important to read the document carefully to ensure that the information is accurate and truthful. If the affidavit includes any statements that are the opinion or belief of the affiant, the fact that it is opinion or belief needs to be clearly stated.
Affidavits can be useful in many situations. Many government forms include affidavits, such as driver's license applications, vehicle registrations, voter registrations, and concealed weapon permits.
Some of the more common types of affidavits are:
The basic form for an affidavit has four parts:
A majority of affidavits use forms created by the courts, lawyers, or financial institutions. If you are in a divorce case, many courts have official financial affidavit forms that must be used. If you are involved in a court proceeding or are having a will or power of attorney created by a lawyer, the attorney will prepare the affidavit forms. If you are applying for a loan, the lender will provide any necessary affidavit forms.
There are numerous situations in which an affidavit must be created for a specific purpose. For example, an affidavit might be used to verify the ownership of property that is being sold or to certify marital status in order for a spouse to qualify for some type of marital benefit. Such general affidavits should be tailored to the situation.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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