An Affidavit is a written declaration made under oath or affirmation, asserting that the contents therein are truthful and accurate to the best of the declarant’s knowledge. These statements can be related to court cases or used to support significant documents like mortgage applications or tax returns.
Many forms are actually affidavits because they contain a line where individuals affirm that they have completed the form truthfully, acknowledging that knowingly providing false information can lead to perjury charges, which can result in significant jail time.
The term “affidavit” is a Latin word, with its etymological roots signifying that the individual has pledged their faith with full awareness of the legal implications.
Affidavits are always voluntary; no court can compel someone to provide an affidavit under oath. This stands in contrast to depositions, which courts may mandate. While both affidavits and depositions involve written statements, depositions are subject to cross-examination in court, whereas affidavits are not.
Affidavits must be based on the personal knowledge of the declarant, meaning they cannot be punished for not including unknown information. Personal knowledge can encompass opinions, provided they are explicitly presented as such rather than as established facts.
Anyone with the mental capacity to understand the seriousness of the oath can provide an affidavit, including guardians for mentally ill patients. These documents are typically witnessed by a notary public or another qualified official, who attests that the signing party understands and pledges the accuracy of the information. Notaries are authorized agents who, for a nominal fee, witness the signing of legal documents for individuals, including mortgage forms and real estate transactions. The act of witnessing and signing the document signifies that the declarant affirms the accuracy of the information and recognizes the solemnity of their oath.
Affidavits can serve as evidence in court proceedings and may be submitted alongside supporting materials in various transactions, including those related to social services. Given the legally binding nature of these sworn statements, individuals signing affidavits should exercise extreme caution, carefully reviewing the documents multiple times, especially if the information has been recorded by another party. The statements contained within must be accurately and clearly conveyed. Should the signatory identify any errors in the document, such as inaccuracies in a mortgage application, these must be rectified prior to signing, regardless of any inconvenience this may cause to the officials recording the information or witnessing the oath.
