Legal Definitions - affiant

An affiant is an individual who formally creates and signs a written statement, known as an affidavit, and then swears under oath that the information contained within it is true and accurate to the best of their knowledge. Essentially, they are the person making the sworn declaration in writing.

• Example 1: Supporting a Court Motion

  Sarah needs to provide evidence to the court to support her request for a temporary restraining order against a neighbor. She writes a detailed account of the incidents, signs it, and has it notarized, swearing that her statements are true.

  Explanation: In this situation, Sarah is the affiant because she authored the affidavit, which is a sworn written statement, to present facts to the court. By signing it under oath, she attests to the truthfulness of her claims.

• Example 2: Verifying an Insurance Claim

  After a car accident, Mark's insurance company requests a sworn statement detailing the events leading up to the collision, the damage sustained, and any injuries. Mark writes down his account, signs it in front of a notary public, and confirms its accuracy.

  Explanation: Mark acts as the affiant here. He is the individual who prepared and swore to the truth of the written statement (the affidavit) that provides crucial information for his insurance claim.

• Example 3: Confirming Identity for a Government Agency

  Maria needs to prove her residency for a specific government benefit, but some of her standard documents are missing. A government agency allows her to submit an affidavit from a long-time friend who can attest to Maria's continuous residency at a particular address. Her friend writes the statement, signs it, and has it notarized.

  Explanation: Maria's friend is the affiant. They are the person who created and swore to the truth of the written declaration (the affidavit) confirming Maria's residency, which is then used as official documentation.