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Affidavit Forms
Many people want to know what an affidavit form is. What is an affidavit form? Sworn before a public authority figure designated to administer an oath, an affidavit form is used by an affiant as a factual statement. The public authorities can include senators, law officers, notaries public, justices of the peace, judges, legal representatives, and other public office holders. In order to prove a certain statement’s truthfulness in court, an affidavit form is used along with statements of witness.
As long as they are mentally capable of understanding the oath’s seriousness, any individual can offer an affidavit form. An affidavit form can be offered on behalf of someone else in certain cases. For example, offering an affidavit on behalf of someone who’s severely mentally. Generally, individuals require using an affidavit forms in the following circumstances:
- Debt cases
- Property disputes
- Divorce proceedings
Whenever and wherever required, individuals will be prompted to use an affidavit. When completing an affidavit form, it’s important for you to write the facts or events exactly as they happened. Furthermore, rather than resorting to legal jargon, you must use plan English. Finally, you must avoid making personal statements about the other party to the action.
Downloadable Templates:
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What is an affiant?
Before we further discuss affidavit forms, it’s important to understand a few things including the term affiant. What is an affiant? Affiant is a term used for the individual filling out an affidavit form. An affiant is a person who takes oath that whatever is mentioned in the affidavit form is true. Depending on who drafted the affidavit document, affidavit forms are written in the first or third person. Now that we’ve discussed what affiant refers to, it’s time to look at the components of an affidavit form.
Components of an affidavit form
An affidavit has many components including:
- The name and address of the affiant
- The affidavit facts
- The area of commencement that identifies the affiant
- Author and witness signatures
- Certifying the date and that the affiant made the oath, an attestation clause at the end
- A statement of truth that states that everything is true, under fine, imprisonment, and penalty of perjury
- Each making a separate claim, the individual subsections, numbered as mandated by law
Now that we’ve discussed the components of an affidavit, it’s time to look at what makes an affidavit necessary.
When is an affidavit required?
An affidavit may be used to confirm other types of information such as:
- Attesting that you or a third party delivered the documents to the recipients as intended
- Verifying residency or confirming residential address
- Swearing to your identify in case your personal information is ever compromised
- Before a death certificate is issued, notifying a third party of a death
- Asserting ownership of a property belonging to a deceased kin or attesting yourself as their rightful heir
- Confirming the use of formal statements as evidence in court
- Confirming a name change to a third party or confirming that you use a name that is different from the one mentioned on your birth certificate
- Recording your personal or your business’ assets, debts and other financial aspects
Signing an affidavit and swearing to its components is no light matter. In fact, you’re making the same kind of oath as you would in a court of law when you attest to the affidavit and its contents. The severity of which depends on the jurisdiction, lying on an affidavit is punishable by law. In fact, in some cases, it’s deemed as perjury. Fines to jail time are the possible repercussions for made up statements.
Preparing an affidavit and what it should look like
You can prepare the affidavit yourself but doing so isn’t easy. You should or print the document clearly on only one side of the page if you choose to prepare the affidavit yourself.
Furthermore, you should divide the affidavit’s contents into numbered paragraphs. Creating affidavit sections with separate headings is a good idea. If possible, every paragraph should cover a subject matter or topic. You should get advice if you need assistance in preparing your affidavit. Alternatively, you could search for affidavit forms online and get an idea about what your affidavit form should include.
The opinion of the person making the affidavit is something an affidavit should not set out. Instead, the affidavit should be based on facts. The only exception is when the affiant is an expert and is giving opinion based on evidence. For example, a psychologist stating facts pertaining to human behavior or psychology. Avoid referring to hearsay evidence (facts based on information received from others) as much as possible. However, as far as the hearsay rule is concerned, there are a number of exceptions. In order to see whether it would be admissible in court, get legal advice if you looking to draft an affidavit based on hearsay evidence.
General affidavit form
What is general affidavit? General affidavit is a legal way to prove that your statements are fact. You should use a general affidavit form if asked to declare or state a fact under oath of a legal process or contract. Contrary to the popular belief, courtrooms aren’t the only place legal promises are made. Using an affidavit, you can make legal promises anywhere.
A contract may require you to sign an affidavit or a legal process may make the document necessary. Fortunately, drafting and signing an affidavit doesn’t take long. By using an affidavit, you swear and sign to what you’re saying. However, you must be careful while drafting an affidavit. You must know the ways of quickly and easily getting the facts on paper which are signed and dated without any trouble. This will allow you to move forward in the process.
Affidavit is used for a number of reasons. Therefore, there are many different types of general affidavit including birth affidavit, affidavit of name change, affidavit of death, affidavit of residence, affidavit of domicile affidavit of heirship etc.
Blank affidavit form
Blank affidavit form is a term used for general affidavit that you can use to create any type of affidavit including birth affidavit, affidavit of name change, affidavit of death, affidavit of residence, affidavit of domicile affidavit of heirship, small estate affidavit and affidavit of financial support. Blank affidavit is a great way to draft the affidavit you desire.
Final Word!
Sworn before a public authority figure designated to administer an oath, an affidavit form is used by an affiant as a factual statement. There are many different types of affidavit forms. Thanks to the internet, drafting an affidavit is easy in this day and age. By searching the internet, you will be able to find and access free affidavit form.
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