Wednesday, February 13, 2008

How To Write An Affidavit

By Azhar Victor

Stating The Facts

An affidavit is a document in which the facts of a particular subject are recorded. As the document may be used in legal proceedings, it needs to be legally certified. This can be done by having the document signed by a Commissioner of Oaths, a lawyer or Justice of the Peace. You can have the document written privately but it has to be signed in the presence of a qualified witness. A qualified witness can be any one of the persons mentioned earlier. Before you sign the document you have to swear or declare that what you have written or recorded in a form is the truth. This, however, can and may be challenged as your affidavit is only your version of the facts.

Important Notes

* If the affidavit is a lengthy document on a complex subject or situation it is best to have it prepared by a lawyer or a trained legal professional. If it is a simple document, it can be written by the person making the declaration. It could be something as simple as stating that I,so-and-so, declare the following to be true.

* It is better to number or have a heading for each fact and separate the details by paragraph. In the old days though, the document was written in one long unbroken flow.

* In many places, the courts provide appropriate forms to be used as an affidavit. This makes it simple as the person concerned will be guided by the headings and layout in the form for easy completion.

* There are two ways in which the person making the affidavit can declare the facts as being true. One is to have it sworn; the other is it to have it affirmed. To have it sworn, the person has to swear on a religious or holy book that they have stated the truth. The alternative is to make an affirmation that you have stated the truth and put your signature to it.

* The witness, who can either be a Commissioner of Oaths, Justice of the Peace or lawyer, will have to sign their name and provide the relevant details of their position.

Writing The Affidavit

Check with the courts and obtain the relevant form. List the facts. If you are unsure of how to fill out the form, consult someone who knows how to do it. Remember that an affidavit is a legal document. You do not want it thrown out due to a technical error. Ensure that you only provide information that you know is true. You have to stand by what you have stated and be prepared to have it thoroughly examined and challenged.

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