Q:

What is a legal affidavit?

A:

Quick Answer

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.

Know More

Full Answer

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.

Learn more about Law

Related Questions

  • Q:

    What is an affidavit?

    A:

    An affidavit is a written statement by a person called an affiant that is witnessed and sworn to by a legally authorized public officer, such as a notary public, according to The Free Dictionary. An affidavit is a voluntary written record of an affiant's personal knowledge made without any cross-examination.

    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 the importance of a precedent?

    A:

    In a court of law, a precedent is important because it gives the judges a base guideline to work from when deciding the outcome of a case. Many of the precedents laid down for the courts to follow have been around for over 200 years.

    Full Answer >
    Filed Under:
  • Q:

    What is an alias capias?

    A:

    According to US Legal, an alias capias is a warrant issued by a court of law for the immediate arrest of an individual based on felony charges. This type of warrant is generally issued when the person in question fails to show up for a mandated court appearance. Alias capias applies to felony cases, while bench warrants applies to misdemeanor charges.

    Full Answer >
    Filed Under:

Explore