What Makes an Affidavit Legal?
- Something that you have heard is not enough to constitute personal knowledge.business conversation image by Dmitri MIkitenko from Fotolia.com
An affidavit can only contain things that you know to be true from your own personal knowledge. If you attest to things that you have heard from others, this is hearsay and unacceptable. - You must sign in front of someone authorized by the law.Enseigne de notaire image by Nath Photos from Fotolia.com
Sign your affidavit in front of someone who is legally empowered to administer oaths. This can be a notary public or a court officer. Most affidavits are signed before a notary public. If you do not plan to use a notary public check your state law or speak with an officer of your local court to determine who else has the authority to authenticate the document. The affidavit must be signed while the notary or officer is present. Do not sign it prior to the meeting with the person. - You are taking an oath to tell the truth.hand open image by JCVStock from Fotolia.com
Signing this document requires that you are conscious of your obligation to tell the truth. You are taking an oath and this requires a conscious act or statement establishing that you are taking an oath. While it is not required, raising your right hand and swearing to the truth is an acceptable manner of attesting to the truth. - Your opinion is not needed in an affidavit.thinking 2 image by Frenk_Danielle Kaufmann from Fotolia.com
Affidavits are declarations of facts. They are not exercises in logical reasoning. What you have inferred from the facts may be useful in courtroom testimony, but statements of opinion or belief in an affidavit will be disregarded by the court in most cases. - The court will weigh your punishment for a false affidavit.weigh-scale truth image by Pali A from Fotolia.com
Just as telling a conscious lie on the stand can get you in trouble with the court, signing an affidavit that you know contains false statements can subject you to perjury. The rule of truth and your signature: never sign your name to any statement that know is false. If someone attempts to give you money or pressure you into signing your name to a false statement of facts, refuse to do it.
Knowledge
Notary
Oath
Inferences
Perjury
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