Affidavit

An affidavit is a written sworn statement. They are used as evidence in court in place of oral testimony or to support another person’s statement or evidence. Affidavits are helpful whenever a sworn testimony or legal record is required.

You can use an affidavit for various purposes, from clearing up identity theft concerns to determining custody and visitation rights in divorce cases.

Table of Contents

• What Is an Affidavit?
• Why Do You Need an Affidavit?
• When Do You Use an Affidavit?
• What to Include in an Affidavit
• FAQs 

What Is an Affidavit?

An affidavit is a legal document that contains someone’s sworn statement about something they saw or did. For an affidavit to be admitted as a legal document, the person making it, the affiant, must swear or attest under oath that what they are saying is true, under penalty of perjury. Affidavits are made before an authorized magistrate or officer.

An affidavit does not have to be written by an attorney, but it does need to be notarized. Some types of affidavits may need to contain specific information about the affiant, such as their residence, relationship with another person, or age.

Why Do You Need an Affidavit?

Affidavits are used whenever someone needs to present evidence of something or provide support for another person’s statements. Affidavits can also be used to verify that something was done correctly. For example, a records clerk attaches an affidavit to a record request to show that the request was correctly made.

An affidavit might be needed for:

• Proof of domicile. Domicile is a legal term for residence. Proof of residence can be required for probating a will, insurance purposes, and benefits transfers.
• Proof of service. If you ever serve legal documents, such as for divorce or small claims, you will need to attach an affidavit of service to show the documents were delivered and received.
• Identity theft. Should your identity be stolen, credit agencies will clear your credit on receipt of your affidavit that this occurred.

Affidavits are also used when testimony is needed in court, but the affiant cannot appear. For instance, if the person is too ill, out of the country, or has since died, their written statement can be entered into the record.

When Do You Use an Affidavit?

An affidavit can be used almost any time sworn testimony is needed. Affidavits can be helpful in family law and small claims cases when oral testimony is unnecessary. For instance, in a child custody case, affidavits from family members can help establish the best visitation schedule without bringing all the relatives into court.

Affidavits are helpful as corroboration for events and regular activities. Affidavits are often used to verify that things were completed on time or carried out on schedule. Clerks and others who handle documents will provide affidavits stating they are the ones who assembled the information when they send it to the requesting party.

What to Include in an Affidavit

You do not need to go to an attorney to write an affidavit. You can find free affidavit forms online or even write them out yourself. It should contain the following information to make it legal:

• Your name and identifying information
• A statement that you understand you are making this affidavit under penalty of perjury and that you are making it voluntarily
• The facts you are attesting (Do not include opinions, inferences, or suppositions.)
• Your signature and date

The affidavit should be written plainly and clearly. Avoid any legalese or jargon. Do not lie, and do not leave anything out. If you are not sure about anything, consult an attorney.

FAQs 

What Happens if I Lie in an Affidavit?

An affidavit is a sworn legal document. Although this is rare, you can be charged with perjury for lying on an affidavit. More likely, your testimony will be stricken, a legal term meaning your testimony is considered unreliable and worthless.