How to Take an Affidavit
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Cases that require cross examination of witnesses may disregard affidavits as hearsay.Hemera Technologies/Photos.com/Getty Images
Contact the court handling your case to verify whether an affidavit can be submitted as evidence. At this time you also may inquire whether any additional documentation is needed to file the affidavit. - 2
Only relevant facts should be included on an affidavit.Jupiterimages/liquidlibrary/Getty Images
Write down the facts you want included in the affidavit. Make sure each statement is truthful and relevant to the case. Affidavits should include only witnessed facts, not opinions. - 3
The clerk may have thousands of documents entering and leaving the court daily.David McNew/Getty Images News/Getty Images
Draft a copy of the affidavit, including pertinent information about the case. Each judge may have many cases going on simultaneously, so the affidavit needs to have the individual's name and the case number to prevent this evidence from being misplaced. - 4
Legal offices and most financial institutions have a notary on staff.Comstock/Comstock/Getty Images
Take the drafted affidavit to an attorney or court clerk to have it documented. A notarized signature of the author might be required by law. Make sure any documentation attached to the affidavit is signed and sworn before an official of the court as well. - 5
All evidence submitted to a court must be truthful and free of opinion and bias.Comstock/Comstock/Getty Images
File the affidavit with the court. The clerk will submit the paperwork to the judge and take care of serving the evidence to the opposing party if requested by the judge. Be prepared to validate the affidavit in court.
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