Many affidavits assert that they are signed under penalty of perjury, though this may not be a required statement.Īn affidavit of heirship may also be a necessary document in relation to an estate. Being truthful to the court is vital, whether communicating via an affidavit or in person on the stand. Making any statement that is not true in an affidavit is technically a violation of the law and you can be fined or even imprisoned for committing perjury (the crime of being willfully untruthful under oath). Keep in mind that the affidavit may speak to your credibility, so following these simple tips will make you look more professional and will not negatively affect your credibility.
Make sure your thoughts are organized and in the proper order if you are relating your actions in an event.Keep the affidavit as short as possible.Keep legal language out of the affidavit as much as possible.To ensure that the affidavit is easily understood, follow these best practice tips: Each paragraph should be numbered and usually each contains only one fact. Keep in mind that by signing the affidavit, you are swearing that the facts in the document are true and correct.Īn affidavit is not written in typical paragraphs. Lastly, you will need to include the signature lines and notary section.After each fact is detailed, the affidavit usually contains the words, “Further Affiant Sayeth Naught.” This means that the affiant has said all they have to say on the matter.
The following paragraphs usually each contain one fact.For example, “Before me comes, whose residence is, and hereby swears to the following facts under penalty of perjury.” Depending on who drafts the affidavit, this sentence may vary in wording. The first section should contain your name in a sentence that generally states that you, the affiant, swear that the following account of events is true and correct to the best of your knowledge.After the case heading or general title, the county and state where you will sign the affidavit will be listed. The case heading includes the court where your case is being heard, the case number, and the names of the plaintiffs and defendants. The heading may be made of a case heading if the affidavit is for an open case, or it may simply say “Affidavit of ” if you do not have an open case. Nevertheless, the following basic elements should be included in any type of affidavit. It is important to note, however, that certain types of affidavits will need to contain specific information in order to fulfill their purpose and meet legal requirements. This means that you do not need to ask a lawyer to create an affidavit. Although affidavits are considered legal documents, anyone can draft one.Īs long as it is signed, witnessed, and notarized correctly, the affidavit will be valid.
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