How To Write an Affidavit
An affidavit is a signed document wherein an affiant makes a sworn statement or a written statement that you swear is true, and that can be used as evidence in court.
An affiant is the individual witness whose statement is contained in an affidavit or sworn deposition. A notary public is an officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts varying from jurisdiction to jurisdiction. To notarize is to be witness of the authenticity of a document and its accompanying signatures in one’s capacity as notary public.
Types Of Affidavit
It important to take note of the type of affidavit you are writing because this will determine how to write your affidavit. Though all affidavits have the same format, the information that should be included is different.
- AFFIDAVIT OF NAME CHANGE: this is an affidavit that is used to prove that you have changed your name and that both names (the old one and the new one) belong to the same person. This is usually needed when a woman gets married and changes her name but sometimes people change their names too. This will serve as a legal proof that the affiant owns both names.
- AFFIDAVIT OF DEATH: this can be used in place of a death certificate when you want to prove that truly, a person has passed away.
- AFFIDAVIT OF IDENTITY THEFT: It is advisable to issue this affidavit when you notice that someone has been using your identity or that you identity has been compromised. Issuing this affidavit could save a lot of stress and headache when any issue comes up.
- AFFIDAVIT OF AGE DECLARATION: this type of affidavit is used instead of a birth certificate in some countries. In situations whereby you misplace or lose your birth certificate, you can get an affidavit to show prove that your acclaimed age is true and that your birth certificate cannot be found.
- AFFIDAVIT OF BENEFITERS OF INHERITANCE: This document is used when someone dies and his or her assets have to be distributed to those he or she has stated in his will to inherit. This affidavit is executed by someone attesting that the deceased left some assets and that the stated individuals are benefiters. The benefiters’ names and relationship with the deceased must be listed in the affidavit.
- AFFIDAVIT OF RESIDENCE: This document is issued to prove your home address. This is sometimes needed to register a business, tax payment and so on.
Practical Steps To Writing An Affidavit
- TITLE YOUR AFFIDAVIT:Your affidavit needs a title and a caption. This caption used as heading must capture what the affidavit is about. It must contain the name of the court and, if it is a court case, the title of the court case, names of the defendants and plaintiff and case number. After this caption, you need to write AFFIDAVIT just below it.
- INTRODUCE YOURSELF:As the affiant, necessary information about you should be written in the affidavit. The information provided should be absolutely necessary ones. This should be your full name, sex, address, date of birth, occupation and your relationship to the litigant.
- Write your statement in bullet or numbered point: when writing an affidavit, you need to number your point so it can be easy to read and comprehend. Make sure each number or paragraph carries a point and not more than a point.
- Arrange your points: make sure your points are arranged accordingly. This may be according to the event, according to their relevance to the case or however. Just make sure these points are linked together in a coherent and cohesive manner.
- Give exact and concise information:while you write your affidavit, write concisely so as not to make mistake. Remember that you are writing a court affidavit, it is expedient that you ensure all your point and written information is exact. Don’t assume or speculate. If possible, with each of your written point, give an exact date, time or evidence to prove that your information isn’t false.
- Language use:use only first person pronoun “I” when writing an affidavit. This is because an affidavit is supposed to refer to an affiant so the word “I” followed by the affiant’s information is appropriate and this avoids diluting the information and going out of point. A reported speech will not look professional when writing an affidavit. Use simple and correct grammar to express your point. Trying to prove your legal expertise by using too much legal jargon may land you into trouble because when thorough analysis of your document is done, any ambiguity may be used against you.
- Reference other documents:while writing your affidavit, other vital document needed for the case should be marked and referenced in your affidavit. Label these documents as ‘exhibit’ and number them according to the sequence in which they appear in your affidavit. These documents can be receipts, bank statement, letter, documents, pictures, airline ticket, and report card and so on. Make sure these exhibits are short and relevant.
- Thou shall not lie:it is needful and very important to explain that an affidavit should contain truthful information or information that you can prove is truthful and nothing else. If the judge believes that your affidavit isn’t true, he’ll disregard your claim and throw out your evidence. You can be penalized when it is discovered that you gave a misleading or false testimony under oath. Perjury is a serious case in the court of law.
- Avoid opinions and conclusions:it is safe to avoid conclusions and opinions when writing an affidavit, even when you believe your point to be true. You can restructure your sentences to avoid these after you have gathered your points. You are not in charge of vindicating anyone so just state your fact and leave the rest to the judge.
- Avoid exaggerated and melodramatic expressions:using exaggerated words may make the judge get pissed or even tired of your description even before the end of your affidavit. Make sure you are balance in your description or else the judge could discard any information presented in your affidavit.
- Conclude your affidavitby stating that you have written and presented all you know concerning the case or that you have given all necessary documents and evidence needed for the case.
- Close up your affidavit with a signature block and a Notary public signature block:this is the space allocated for necessary signatures that must be appended on the affidavit so it can be authenticated. Your notary public may or may not be a court clerk. It may be the minister for oath or anyone that is authorized to administer oath.
Affidavit samples
The below affidavits can be used as a format when writing a similar affidavit. Note that the format of the affidavit is dependent on the court in charge of the case. Therefore when writing your affidavit, make sure you put the format acceptable for the court type into consideration.
- AFFIDAVIT OF RESIDENCE
AFFIDAVIT OF STACY MICHEALS
My name is Stacy Micheals. I am 26 years old and I am working as a hairstylist, and currently reside at block 23, Colby Haven, Cherry town, Idaho.
I have lived at the above address for full 4 years, starting February 3rd, 2013. I have not moved or maintained a primary residence at any other address in that time frame.
I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete.
………………………………..
Stacy Micheals
On this ……day of…………….. before me……………………….., personally appeared Stacy Michaels, known to me (or satisfactory proven) to be the person whose names are subscribed to the within Affidavit, and, being first duly sworn an oath according to the law, deposes and says that she has read the foregoing Affidavit subscribed by her, and that the matters stated herein are true to the best of her information, knowledge and belief.
In witness whereof I hereunto set my hand and official seal
……………………………………………….
Notary public
………………………………….
Title (and rank)
My commission expires…………….
Notary Address
…………………………………
- AFFIDAVIT OF DECLARATION OF AGE
IN THE SUPREME COURT OF ALOWSIA OF THE UNITED STATE OF AMANI
IN THE GRADE ‘C’ SUPREME COURT COLBY HAVEN, AMANI
DECLARATION OF AGE
I, MR EUGENE MICHEALS (M), age 58 years of Block 58, Colby Haven, Alaska America hereby make an oath and declare as follows:
- That STACY MICHEALS ADELAIDE is my daughter.
- That STACY MICHEALS ADELAIDE was born on the 3rd of February 1994 at Shells hospital, Colby Haven, Alowsia, United state of Amani
- That during the time of her birth, her date of birth was duly registered at the birth registry but the birth certificate got lost.
- That this affidavit is made for record purpose
- That I make this solemn Declaration in good faith, believing the same to be true and correct in accordance with the statutory Declaration Laws Cap, 158, Volume V, of the state of Amani, 2000.
………………………..
EUGENE MICHEALS
On this ……day of…………….. before me……………………….., personally appeared Stacy Michaels, known to me (or satisfactory proven) to be the person whose names are subscribed to the within Affidavit, and, being first duly sworn an oath according to the law, deposes and says that she has read the foregoing Affidavit subscribed by her, and that the matters stated herein are true to the best of her information, knowledge and belief.
In witness whereof I hereunto set my hand and official seal
………………………………….
Notary public
………………………………….
Title (and rank)
My commission expires…………….
Notary Address
…………………………………
