What Is an Affidavit?

An affidavit is a written statement of facts that is voluntarily made by an affiant under by oath and it is used as a piece of evidence at court. It is very important for the affidavit to get notarized. With the help of a notary or the Commissioner of Oaths, the written statement will be authentic with the affiant's signature as a true record. It may also be sworn by other people who support your case like witnesses. This written statement is one of the main ways to present evidence or facts to the court. In some cases, the court uses a precedent form beforehand and affidavit statements can be written in the first-person point of view. An affidavit can be used in many cases like marriage, heirship, child custody, domicile or residency, military, immigration, motor vehicle sale, and even personal cases like good moral character or birth certificates.

How to Write an Affidavit

affidavit template

Making an affidavit is not so difficult to prepare as long as the required information is being provided well. For you to be guided, here are the following steps on how to write an affidavit.

1. Title your Statement

First of all, title your affidavit statement with a certain caption that is easy for the court to identify. Provide a title and a brief caption of what the affidavit is all about. If the affidavit outline is all about the sworn statement, include the name and the address on the title like "Affidavit of (name)". If the affidavit undergoes with precedent form, include the caption of the case at the top and must include the name of the court, the county and the state, the names of the parties (if there is any), and the case number.

2. Provide Relevant Information

As the affiant, it is important to provide your necessary information in the affidavit. The information must be provided like your full name, sex, address, date of birth, occupation, immigration status, and your relationship to the complainant if one or more parties involved in the lawsuit.

3. Write a Statement of Truth

Start writing your statement that clearly elaborated the representation of your sworn facts. Present your statement that includes all of the information you have on a certain subject. Make your sample statements easy to read without confusing the readers. According to an article, it is common in the U.S. to end an affiant’s statement with the sentence, "Further Affiant sayeth not."

4. Enumerate the Facts

As you state the truth, enumerate the facts on their own paragraphs with labeled numbers so it is easy for the readers to read. Make sure the facts are arranged accordingly in order by the events, the relevance of the cases, and so on. Consider each fact must be linked together in a reasonable manner. Provide the names, dates, addresses, and other information that is needed for your facts. Disregard those unnecessary details. According to a trusted source, do not forget to conclude your affidavit by stating the fact that you have written and presented all your knowledge within the case or that you have given all necessary documents and evidence needed for the case. Most importantly, be considerate and be honest.

5. Affiant's Signature for the Oath

Signatures are very important in legal documents as this would signify that they are genuinely true. As the affiant, it is necessary to provide a signature block in your affidavit format and include the printed name. Your signature must be done with the presence of the notary or Commissioner of Oaths.

6. Include Notary Signature Block and Stamps

As the affidavit ends, the notary must provide a sworn statement that the affiant appeared in the notary, sworn the statements, and showed other legal evidence. The affidavit will be authenticated as long as it is also signed and stamped by the notary.

Read More