They need to be notarized to be legally binding, and you cannot lie when writing one. Final Thoughts: Understanding AffidavitsĪffidavits can sound confusing when you first hear of them, but in essence, all they are is a sworn written statement. This is a much more cost-effective method than hiring a lawyer. If you don’t know what needs to be included or would like a little guidance, many websites have a catalog of blank legal documents that you can fill out. If the affidavit in question is part of a trial, you can usually rely upon the defense or prosecution attorneys to ensure your affidavit is completed correctly and notarized.įor other matters, including personal and family matters, you may create an affidavit yourself. Do I Need a Lawyer to Create an Affidavit?įor court proceedings, a lawyer would normally create the affidavit form for a witness or client. If this is not done, your affidavit is no longer legally valid. This means you need a notary public to observe any witnessing requirements. The document is signed under oath, so contradictions in sworn statements can be damaging to court cases.Īn affidavit must be signed and notarized.

If you lie, it could lead to criminal prosecution and accusations of perjury. It is important to note that you must tell the truth in an affidavit. Ensure your thoughts are organized clearly and concisely so that it is easy to understand.Whether you’re writing it for yourself or on behalf of another person, there are a few things you should try to do to ensure your affidavit is correct and easy to understand. The formal attestation of an official who is allowed to administer oaths, i.e.The specific information which has been sworn to be true.A statement in which the affiant (the person writing the affidavit) swears an oath of truthfulness for the information that is contained within the affidavit.Below, we’ve listed everything that needs to be included in an affidavit. Like many legal documents, there are some parts that have to be included for them to be accepted. Writing an affidavit requires you to follow certain rules. Sworn statements save time and money, but their legal weight may differ from state to state. Though an affidavit is, in effect, a written sworn statement, it needs to be witnessed by a notary to make it legally valid. It allows a third party to rely on your assurance that the legal document did exist. These can be reestablished with an affidavit. In some cases, legal documents may be lost or destroyed. Victims of identity theft tend to have to verify that they have been a victim of such by providing an affidavit to creditors, credit bureaus, and banks. Each party is required to verify assets, debts, income, and expenses and sign an affidavit confirming it all.įinancial affidavits may also be used in cases of estate planning and other financial transactions. This is an affidavit used to verify certain financial information and is very common in divorce cases.

The agent will need to sign an affidavit stating that the power of attorney has not been revoked, nor has the person died–so, power of attorney is still in effect. Power of attorney is signed by one person (the principal) that gives another person (the agent) authority to act on their behalf and is ended only if power of attorney is revoked or the principal dies.Īn affidavit is used if a third party needs to act in reliance on the power of attorney. A will needs at least two witnesses to the maker’s signature to be valid, so to avoid having to prove this in court with witness testimony, an affidavit can be signed. This kind of affidavit is used to deem a will valid without the testimony of any of the witnesses. They are crucial when settling disputes and are often used to legitimize a claim. They may also be used for witnesses who will appear in court too. In court, affidavits are used if a witness is not able to appear in court, and they can be used in support of written motions. Below, we have summarized a number of different affidavits so you can get to know these statements a little better. Though affidavits are used in court, they are also found in many other areas, including driver’s license applications, voter registrations, and concealed weapons permits.

This is in accordance with Federal Rule of Evidence 607. This would likely lead to criminal charges of perjury if the contradiction in question was made knowingly and intentionally and involved a material issue. If this occurs, an affidavit can be submitted into evidence and used to impeach that witness. In some cases, a witness may contradict what they stated in their affidavit when giving testimony in court.

Personal notarized letter of affidavit