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Exploring the Definition of an Affidavit

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Published by:

Mike Chelbet

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Reviewed by:

Alistair Vigier

Last Modified: 2024-07-23

Are you looking for the affidavit definition? A document contains facts you swear under oath or affirm to be true. A lawyer, notary public, or commissioner taking affidavits must witness and sign your signature.

An affidavit is a written statement sworn or affirmed to be true. It is typically used as evidence in court cases or other legal proceedings. The person making the affidavit, known as the affiant, must sign the document in the presence of a notary public or other official authorized to administer oaths. If applicable, the affidavit must also be formatted appropriately and contain specific information, such as the affiant’s name and the case number.

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Affidavit Definition – Written statement definition

A written statement is a document containing words that express facts, information, or opinions. It can be a letter, report, memorandum, or other written document. A written statement can be used as evidence in a court of law, in business transactions, in official communications, or in personal communications.

The affidavit can be signed or unsigned, typed or written by hand, and created on paper or electronic format. It is usually legally binding and considered a permanent record of the contents.

What is the difference between sworn and affirmed?

Sworn” and “affirmed” refer to making a formal, legally binding promise to tell the truth when giving testimony or making a statement. A “sworn statement” is one in which the person making the statement takes an oath, usually by raising their right hand and saying words to the effect of “I swear (or affirm) to tell the truth, the whole truth, and nothing but the truth.” This oath is usually administered by a notary public, court official, or authorized person.

Key Elements of a Valid Affidavit

An “affirmed statement” is similar to a sworn statement. Still, instead of taking an oath, the person making the statement states that they understand that lying is a criminal offence and they will tell the truth. This affirmation is also usually administered by a notary public, court official, or other authorized people.

Both types of statements have the same legal weight and effect, but the difference is how the person making the statement promises to tell the truth.

What happens if you lie in an affidavit?

If a person lies in an affidavit, it is considered perjury. Perjury is a criminal offence that can result in serious legal consequences. If the person is found guilty of perjury, they may face fines, imprisonment, or both. The sentence will vary depending on the jurisdiction and the circumstances of the case. In addition to criminal penalties, a person who lies in an affidavit may also be subject to civil penalties, such as fines or damages.

Affidavit Definition

It is important to note that lying in an affidavit is considered a serious offence. There can be both criminal and civil penalties, and it may lead to the invalidation of the case or document that the affidavit was supporting. It is always recommended that truthful information be provided in an affidavit, and if in doubt, consult a lawyer before submitting any statement.

We hope you found this affidavit definition helpful.

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