Affidavits are a powerful form of evidence that lawyers use to strengthen their cases. However, depositions are expensive, and memories fade over time. An affidavit is a perfect document for capturing someone’s testimony while upholding legal integrity.
In the post below, we’ll show you how to write an affidavit that is right for your situation:
Written affidavits are written statements made under oath by a person known as an affiant. Criminal and civil proceedings most often use affidavits during cases. Affidavits typically include affiant identification, statements of attestation, a statement of an oath, and evidentiary attachments.
Here is an article that also defines what a written affidavit is.
You can approach the affidavit writing process in several ways. Most affidavits are relatively short and less than one page in length. Some are more detailed and may comprise of several pages and sections.
Here’s a step-by-step process for how to write an affidavit whether you need a short or long-form template:
Affidavits differ according to the affiant’s needs. Search online for the type that’s correct for your situation. The affidavit titles will tell you which type of document it is.
Types of affidavits include:
Dates are essential for any legal document. The dates are helpful to those handling them. They also establish critical facts that make a difference in a case.
You should always state the county and the specific courthouse where you’re filing the affidavit. This step ensures that court clerks process them correctly. Add this information at the top of the document.
The next step is to introduce and formally identify yourself in the affidavit. Include the following information in this section:
State this information accurately. If you falsify any information on an affidavit, courts classify it as lying under oath . Keep this essential point in my throughout the legal drafting process.
Making an attestation is the next step. This statement is a short paragraph. It acknowledges that you’re making a factual statement.
Attestations serve as the beginning of your factual account. You can write your affidavit from the first-person perspective.
Make a rough draft of the event by which you’re swearing and avoid making conjecture. Stick to the information that you know. Otherwise, you can face legal consequences if someone proves your affidavit false.
Supporting documentation is the underpinning of any legal case. Your attestation should include evidence that proves what you’re alleging. Speak with a lawyer if you have questions as to whether the available evidence is admissible.
Examples of evidence include:
Then, you’ll want to attach your evidence to the back of the affidavit. If you’re not presenting evidence, then you can move on to the next step without attaching anything.
Short affidavits (less than one page) don’t need a summary. However, longer, more formal ones may need to summarize the information for future reference. This practice is merely good form and a matter of preference.
Remember the evidence you attached to the affidavit? Give each document a practical name. Compile each document name into a list and attach it to the bottom of your affidavit.
If you don’t have attachments, then you can skip this step.
An oath statement is another legal acknowledgment. It typically states that you recognize state laws and accept the consequences of lying under oath. Essentially, you’re assuring the court that you’ve made an honest statement.
After printing your affidavit, don’t sign and date the document yet. Bring valid identification to a notary public’s office and obtain their seal. A notary public will only notarize a copy if you sign it in their presence.
Otherwise, you’ll have to reprint the document and return to their office for signing at a later time.
Meet some lawyers on our platformEvery affidavit and affidavit type is unique. However, they all primarily contain the same information.
The following parts are typically included in an affidavit:
Here is an article that also describes what’s included in an affidavit.
Sometimes, a concrete example can help us understand a legal document’s use better. Below, we’ve created an example of how an affidavit would work for an insurance company facing a lawsuit:
While the hypothetical injury case above is just one example, you can utilize an affidavit when you need to speak to the facts. Since memories fade, affidavits are a perfect tool for capturing someone’s testimony in a quick, cost-effective manner.
You can get an affidavit in several ways. Some people use online templates to get the job done. However, it’s worth noting that affidavits are not legally binding written contracts or signed contracts .
Instead, they’re sworn statements that you make to courts or governing bodies. This assertion means that they’re serious business. Depending upon your needs, ensure that you hire contract lawyers , family lawyers , or estate planning lawyers to help you handle the drafting process.
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.