Sometimes, you'll need to convince a business, individual, or court that you're relating your knowledge in the most accurate way possible. You can do so by signing an Affidavit.
You might also request that someone signs an Affidavit if they are relating information which, should it prove false, could injure you in some way. The execution of an Affidavit makes the person conveying knowledge legally liable if it's later proven they were lying.
What Is an Affidavit?
An Affidavit is a legally-binding document, made voluntarily, which details a sworn statement an individual has made. An Affidavit is often used in court to prove the truthfulness of a statement made by a witness.
If someone lies in an Affidavit, they can be fined or imprisoned depending on the circumstances and the nature of the information. A person could still face repercussions even if they give incorrect information unknowingly, so be very certain of the veracity of your statement before signing an Affidavit.
If someone else believes an individual has given false information under oath, they can file a counter-affidavit. Essentially, this challenges the alleged facts in an affidavit and, usually, a court is asked to adjudicate on the matter.
Other Names for Affidavit
Depending on your state, an Affidavit may also be known as:
Statement Under Oath
Who Needs an Affidavit?
An Affidavit isn't as rare as it might appear. You might need an Affidavit for entirely mundane transactions. Some examples of when you would use an Affidavit include:
Establishing hereditary rights following the passing of a family member
Verifying your identity, such as when opening investment accounts
As part of official functions for a number of institutions, including banks and insurance companies
You'll also need Affidavits for more substantive matters. Courts frequently use Affidavits to show that a particular key piece of information is true. Affidavits are a requirement in many court proceedings.
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Fast and easy
All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.
How to Create an Affidavit With 360 Legal Forms
Your Affidavit needs to be customized to cover highly specific information. Otherwise, you may be swearing to something that you don't really know to be factual. By answering a few simple questions, our proprietary form generator will create an Affidavit valid in your jurisdiction and suited to your needs.
Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our simple-to-understand questionnaire. Once complete, just download your form as a PDF or Word document from your secure online account.
What Information Will I Need to Create My Affidavit?
To create your document please provide:
Affiant: The full name and address of the person swearing that the information in the Affidavit is true.
Date of This Affidavit: Date when the affiant made the Affidavit.
Governing State: Select which state's laws will apply to the Affidavit.
County of Execution: County where the Affidavit will be signed.
Case Information: If the Affidavit is used in connection to a specific court case, the details of the case and identity of the parties involved should be in the Affidavit.
Sworn Facts or Statement: The unabridged facts that the affiant is swearing to. Choose this statement carefully.
Signatures: Signatures of the affiant and at least one witnessing authority.
Testimony: Any statement made under oath and sworn to under penalty of perjury.
Declarant: Another word for an affiant. The person making a sworn statement.
Exhibit: This is a document attached to the Affidavit that is used as evidence if the truthfulness of the Affidavit comes into question.
Perjury: Intentionally swearing to a false statement, spoken or written, in an official proceeding.
Affidavit Signing Requirements
To be valid, an Affidavit needs to be signed by the affiant and the signature must be notarized by a notary public. The notary public needs to witness the signing and will conduct an oath requiring the affiant to declare that all the information described in the Affidavit is true to the best of their knowledge.
By signing an Affidavit, you're also saying you're competent to testify about the information if a court calls on you to do so.
What to Do with Your Affidavit
Make sure you review the Affidavit thoroughly before signing it. You'll be bound to the statement therein once it's signed.
If the Affidavit was created in connection to legal proceedings, follow the required further steps as established by the court. If it's part of a contract or other official process, keep a copy for your own records and provide a copy to the person or entity that requested it.
The exact manner of filing an Affidavit depends on the entity or agency that requested it. Consult the requesting person or organization about further steps once your Affidavit is completed and signed.
If you requested the Affidavit, distribute a copy to the affiant and keep a copy in your personal records.
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