I was drafting an affidavit for a client this morning and it occurred to me that many people (including the client that needs the affidavit) have no slightest clue of what an affidavit is. Some just know that it is a legal document obtained from the court or from a lawyer who is a notary public but it is more than that.
The word Affidavit is derived from the Latin word “Afihdayvit” which when loosely translated means “for he has declared or stated under oath”.
An Affidavit, therefore, is a written statement voluntarily made by a person called the affiant or the deponent under oath or affirmation which is administered by a person who has been authorized by law to do that which can either be a notary public or an official of the court known as the commissioner for oaths.
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By law, for an affidavit to be authorized by the commissioner for oath or the notary public, the deponent must be present to have sworn or adopted the written statement in person. This is to say that it is illegal for another person to swear an affidavit on behalf of another person or for an authority to authorize an affidavit in the absence of the deponent.
Because an affidavit is a type of verified statement showing, or containing a verification, it is therefore made under oath. It is believed that when a deponent swore to an affidavit the statement he makes is true and he believed all the acts stated therein to be true (to the best of his knowledge) because he is under oath and lying under oath is a serious criminal offense called perjury.
So as not to be held liable for the crime of perjury, you are therefore advised that before you sign an affidavit read the document thoroughly to ensure that the information written therein is accurate and truthful. If the affidavit includes any statements that are just mere opinions, conjectures, or beliefs of the deponent, it needs to be stated that such paragraphs or statements are just an opinion or honest beliefs of the deponents which may or may not be the truthful representation of the facts.
You can use an affidavit to correct or change the content(s) of an official document.
Some common forms of affidavit may include but are not limited to the following;
* Court affidavits
* Affidavit of non-membership of a secret cult.
* Self-proving will affidavit.
* Affidavit of power of attorney.
* Financial affidavit.
* Affidavit of a lost document.
* Affidavit of identity theft.
* Affidavit of loss of property
* Affidavit of change or correction of details
An affidavit can be simplified to be the written version of swearing under oath, to tell the truth.