An affidavit is a written, sworn statement of facts that is signed in the presence of a notary public, who verifies the identity of the signee and administers an oath or affirmation that the contents are true. The notary's certification, called a "jurat," adds credibility and authenticity to the document, which is commonly used in legal proceedings and financial transactions like court cases, divorce, and real estate deals.
The role of the notary:
Verification: The notary public verifies the identity of the person signing the affidavit.
Oath or affirmation: The notary administers an oath or affirmation to the affiant, who then signs the document in front of them.
Jurat: The notary then signs and seals the document with a certification known as a "jurat".
Credibility: Notarization adds an extra layer of authenticity, making it harder to challenge the document in court.
Affidavits
In Latin, affidavit means "he (she) has sworn an oath", and an affidavit is always a sworn written document. If it contains a lie, the person making it may be prosecuted. Affidavits are often used in court when it isn't possible for someone to appear in person. Police officers must usually file an affidavit with a judge to get a search warrant. Affidavits (unlike similar signed statements called depositions) are usually made without an opposing lawyer being present and able to ask questions.
Written statement: An affidavit is a document that is written down, either by hand or typed.
Sworn to: The person making the statement, known as the "affiant," must swear or affirm that the information is true to the best of their knowledge.
First-person perspective: The document is written from the affiant's point of view.
Factual content: It must contain facts and be free from opinions or arguments.
Used in legal and financial matters: Affidavits are frequently used in court proceedings, such as in lawsuits or divorce cases, and in business transactions, like home purchases or loan refinancings.