Legal Definitions - affirmant

An affirmant is an individual who formally declares the truthfulness of their statements in a legal proceeding or document, choosing to do so by affirmation rather than by taking an oath. This means they solemnly promise to tell the truth, understanding they are subject to penalties for perjury if they lie, but without invoking a religious belief or "swearing" on a sacred text.

Here are some examples illustrating the role of an affirmant:

• Courtroom Testimony: During a civil trial concerning a property dispute, a witness named Ms. Evelyn is called to testify. When offered the choice to swear an oath on a religious text or affirm, Ms. Evelyn, due to her personal convictions, chooses to affirm that her testimony will be truthful. By making this solemn, non-religious declaration to tell the truth under penalty of perjury, Ms. Evelyn becomes an affirmant.

• Written Declaration: Mr. David needs to submit a written statement to the court as part of a child custody case, detailing his observations of the children's living conditions. Instead of signing a traditional affidavit, which typically involves swearing before a notary, he signs a declaration that explicitly states, "I declare under penalty of perjury that the foregoing is true and correct." In this scenario, Mr. David is an affirmant because he is formally asserting the truth of his written statement, acknowledging the legal consequences of any falsehoods, but without taking a religious oath.

• Administrative Hearing: At a hearing for a professional licensing board, an applicant, Dr. Anya, is asked to verify the accuracy of her application materials and professional history. Given the option to either swear an oath or affirm, Dr. Anya chooses to affirm the truthfulness of her submissions. By formally and truthfully declaring the accuracy of her information in an official administrative setting, opting for an affirmation over a sworn oath while still being subject to perjury laws, Dr. Anya acts as an affirmant.