Legal Definitions - affidavit

An affidavit is a formal, written statement of facts that a person voluntarily signs and swears to be true under oath. This statement is made before an authorized official, such as a notary public or a court clerk, who then certifies that the person indeed swore to the truth of the contents. Because it is made under oath, an affidavit carries significant legal weight, similar to testimony given in a courtroom, and making false statements within one can lead to serious penalties, including charges of perjury.

• Witness Statement for a Legal Case: Imagine a person who witnessed a traffic accident but is unable to appear in court due to an upcoming long-term overseas work assignment. To ensure their account of the events is still considered, their lawyer might ask them to prepare an affidavit. In this document, they would detail what they saw, heard, and experienced during the accident, then sign it under oath before a notary public.

  This illustrates an affidavit because it is a written declaration of facts (what the witness saw) made voluntarily, sworn to be true under oath, and certified by an authorized official, providing crucial information for a legal proceeding without the witness needing to be physically present in court.

• Proof of Residency for School Enrollment: A parent enrolling their child in a new school district might be required to submit an affidavit confirming their residential address. If they live with relatives and don't have utility bills in their name, they might sign an affidavit stating under oath that they reside at a specific address within the school district's boundaries.

  This demonstrates an affidavit as it's a formal written statement (of residency) made under oath before a notary, used to legally confirm a fact (the parent's address) for an administrative purpose, carrying legal consequences if found to be false.

• Declaration of Financial Status for a Loan Application: When applying for certain types of loans or government benefits, an individual might be asked to provide an affidavit detailing their assets, debts, income, and expenses. For instance, if a person is self-employed and their income fluctuates, they might submit an affidavit attesting to their average monthly earnings and financial obligations.

  This example shows an affidavit as a sworn, written declaration of personal financial facts, signed before an authorized official, intended to provide legally verifiable information to support an application where the truthfulness of the financial details is critical.