Affidavits Birmingham AL
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An is a formal sworn statement of fact, signed by the person giving or making the affidavit (who is called the affiant or deponent) and witnessed by someone legally authorized to take oaths, such as a notary public. The word Affidavit comes from a Latin word meaning for he has declared upon oath.
An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.
The formal requirements of an affidavit usually are:
1. The identification of the place where the affidavit was taken (i.e., the venue);
It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
A simple affidavit could take the following form:
(State wherein affidavit was made)
PERSONALLY appeared before me, the undersigned authority in and for said county and state, John Doe, who, having been being first duty sworn by the undersigned Notary Public, deposes and says:
(Statement of Facts by Affiant)
/s/ John Doe _________________
SWORN to and subscribed before me, this the ____ day of _____________, 20____.
(Signature of Notary Public)
Seal of Office
In most jurisdictions, an affiant can be guilty of the crime of perjury for making a statement under oath that he/she knows is not true. In the absence of statutory regulation, generally, anyone who has knowledge of the facts and is competent to testify may make an affidavit.
The affiant must swear to the affidavit, and fact of his swearing must be certified by a proper officer such as a notary public. Most states have statutes that name the officials authorized to take oaths. For example, one state’s laws provide that, in addition to notary public:
“All justice court judges and clerks, clerks of the circuit and chancery courts and assistant secretaries of state are notaries...
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