An affidavit is a written statement of facts made by an affiant under oath. The affidavit must be administered by a person that is authorized to take the affiant’s oath by law. A court cannot force someone to make an affidavit. An affidavit is made voluntarily with no cross-examination and is a statement by a witness. An affidavit is made when an affiant has intimate personal knowledge, information, or, belief of a fact.
Any public official with jurisdiction can administer an oath or affirmation for an affidavit. Justices of the peace, officers, county clerks, notary publics, city recorders, commissioners of deeds, court commissioners, court clerks, and magistrates may take an affidavit. An official seal is not always neccessary, but the proper official may place one on an affidavit.
Affidavits have many uses in the world today. They are used in business to take statements about the financial condition of a person or corporation. Affidavits are used as evidence in legal proceedings. Divorces, child cutody, and criminal trials all use affidavits. An affidavit may be used in place of a lost will or birth certificate. An affidavit is the legal document you need when establishing the facts under oath to be used in court.
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