An affidavit is a legal document. This blog would help you in understanding the meaning of an affidavit as well as its purpose and format. The affidavit is a Latin word and is a legal document, which is signed in the presence of a notary public by the person who understands its significance, content, and effect. The contents of the affidavit are considered to be true, and the defendant is obliged to swear.
Meaning of Affidavit
In India, an affidavit is a public document executed on a non-judicial stamp paper. It is very similar to an oath but is not administered by a person authorized to do so. In most cases, the affidavit must be signed by the deponent in the presence of a notary public. An affidavit is usually used in support of another document such as an application or petition. The person who signs an affidavit swears that the information given in it is true. The person signing the affidavit will be called the deponent and he/she will be required to sign before someone who has the authority to take affidavits (witness). The witness will also sign the affidavit once he/she has satisfied himself/herself that the deponent understands what he/she is swearing to and that his/her signature was voluntarily put on the document.
The main purpose of an affidavit is to provide evidence in a court of law. It acts as an assurance or guarantees that it was written under oath, hence the name ‘affidavit‘.
In order to understand how the law uses an affidavit, you need to first understand what an affidavit is. An affidavit is a written statement made under oath about something that the person making the statement has personal knowledge of.
How it is made?
Affidavits are statements made under oath. An affidavit is a written statement made by a person who swears and states that the statements in the affidavit are true. The person giving the statement is called an affiant or deponent. He is required to state under oath that he has personal knowledge of the facts stated in an affidavit. Affidavits can be made before notary publics and lawyers. Thus, it is said that an affidavit can bind a man to his own goods and chattels.
An affidavit is a written statement before a person in authority, who is competent to issue a certificate under seal. An affidavit is often sworn or affirmed before an officer who has the requisite authority to administer oaths and affirmations. Affidavits are a substitute for oral testimony, are usually written for the convenience of parties and witnesses, particularly when distances make it inconvenient or impossible for them to attend court or take an oral deposition. Affidavits may also be taken in cases where it is impractical or impossible for certain documents to be served by other means.
Illustration & Examples
An affidavit is a written statement that has been notarized. If you need certain facts to be legally binding, an affidavit is what you’re looking for. For example, if you need to swear that your mother’s maiden name is Johnson in order to get a passport or open a bank account, you can prepare an affidavit of this fact and have it notarized.
Can affidavit be used as evidence?
Affidavits are used in courts all the time. When a witness swears to tell the truth about what he saw before he testifies, he’s swearing out an affidavit. An affidavit can also be used as evidence in court if the person swearing out the affidavit cannot be present to testify. Depositions are similar to affidavits — they are statements made under oath — but depositions are made outside of court and affidavits are written statements sworn to in front of a notary public.
Affidavits are legal documents and may be submitted as evidence in a court case. In criminal cases, they may be used as part of plea bargaining negotiations. In civil cases, affidavits may be used during discovery or as part of a motion before trial, or even as evidence at trial.
Frequently Asked Questions
No, In India affidavits are notarised and signed by advocates on non-judicial stamp papers and hence they cannot be made online.
Yes. Affidavits can be made jointly and as such are called joint Affidavits. They are usually used for the registration of marriage.
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