Q:

What is a legal affidavit?

A:

A legal affidavit is a printed or written statement prepared and signed by a witness or party before a court of law or some other authority that possesses the power to witness an oath. An affidavit has specific features and details that must be present, and must be in a form that is accepted by legal clerks, attorneys and prosecutors. Affidavits filed in court must be served to all parties.

Anyone can prepare an affidavit, but it is imperative to seek legal help. The affiant, which is the person who is sworn to making the statement on an affidavit, starts off the statement by writing his or her name, occupation and address followed by the facts of the situation. The signature block is usually at the right of the foot of the affidavit. When writing the affidavit, the affiant must include all the vital facts relevant to his or her case. The affidavit should support the orders made in the court application. It should not be lengthy; it should be concise enough to ensure all the necessary facts are included.

The affiant only signs the affidavit in the presence of an authorized person, such as an attorney. Before signing the affidavit, it is critical to read the statements and understand them properly. Affidavits are regarded as evidence in court and are known to carry more weight than the testimony of a witness.


Is this answer helpful?

Similar Questions

  • Q:

    How do you write a witness statement?

    A:

    Writing a witness statement requires no government form, but it should be written on standard, white paper, and typed or neatly written in black or blue ink. The statement should be one page long, with the full name of the person making the statement at the top of the page.

    Full Answer >
    Filed Under:
  • Q:

    How do you write a legal statement?

    A:

    The Law Dictionary explains that writing a legal statement involves documenting the facts and judicial principles that are at issue in a legal case. Legal statements are written by both sides in a dispute and designed to articulate the facts and the law in a light most favorable to the writer's side and to guide the court as it oversees the dispute.

    Full Answer >
    Filed Under:
  • Q:

    What happens if you lie under oath?

    A:

    If you lie in a sworn statement or under oath in a court of law, you commit perjury and can face criminal charges, according to FindLaw, a leader in online legal services and information. Under federal and state laws, penalties include fines, probation or imprisonment for up to five years. If you are in law enforcement, public service or in service to the courts and convicted of perjury, your employment can be terminated.

    Full Answer >
    Filed Under:
  • Q:

    What is a hardship affidavit?

    A:

    According to the Mortgage Relief Project, a hardship affidavit is a letter written to a lender that describes a person's financial distress and his ability to resolve it. There are several reasons to write a hardship affidavit, but the most common purposes are to request a loan modification or short sale to avoid foreclosure.

    Full Answer >
    Filed Under:

Explore