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LeoGlossary: Affidavit

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An affidavit is a written statement made under oath by a person called an affiant. It is used to provide evidence of a particular fact or set of facts. Affidavits are often used in legal proceedings, but they can also be used outside of court in a variety of situations, such as when applying for a passport or obtaining a loan.

In order to be valid, an affidavit must meet certain requirements. These requirements vary from jurisdiction to jurisdiction, but they typically include the following:

  • The affiant must be of sound mind and capable of understanding the nature of an oath.
  • The affiant must voluntarily make the statement and not be under any duress or coercion.
  • The statement must be truthful and accurate to the best of the affiant's knowledge.
  • The affiant must sign the statement in front of a notary public or other authorized official.

Once an affidavit has been properly executed, it becomes a legal document that can be used as evidence in court or in other proceedings. Affidavits are often used to prove facts that cannot be easily proven by other means, such as the identity of a person or the date of an event.

Here are some examples of how affidavits are used:

  • In civil cases, affidavits are often used to support motions for summary judgment or to establish a foundation for expert testimony. -In criminal cases, affidavits are often used to support search warrants or to establish probable cause for an arrest.
  • In family law cases, affidavits are often used to provide evidence of income, assets, or other relevant information.
  • In business transactions, affidavits are often used to provide evidence of corporate authority or to verify the terms of an agreement.

Affidavits can be a powerful tool for parties involved in legal proceedings or other disputes. However, it is important to note that affidavits should only be used if the affiant is confident that the statement is true and accurate. If an affidavit is found to be false, the affiant may be subject to perjury charges.

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