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what we'll cover
what is an affidavit?
an affidavit is a written statement that is sworn to be true (ie an oath). an affidavit must be signed by the affiant (ie the person making the oath) and also the notary public or other judicial officer that has administered the oath.
affidavits must be made voluntarily and under either religious oaths or affirmations. they must, therefore, be sworn (or affirmed) in front of a person commissioned to receive oaths (eg a notary public or solicitor). both the affiant and the person with the authority to administer an oath must then sign the affidavit for it to become legally binding.
when should i use an affidavit?
sample affidavit
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general affidavit before
i, , of , make oath and say as follows:
- i make this affidavit based on my personal knowledge, unless otherwise stated, and that the following facts and matters are accurate to the best of my knowledge
witness my signature on_____________________________________(date)
(section below to be completed by a .)
sworn at_____________________________________
in the county of________________________________
on_____________________________________(date)
| before me, |
| . |
about affidavits
learn more about making your affidavit
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how to make an affidavit
making an affidavit online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all of the details prepared in advance, making your document is a quick and easy process.
to make your affidavit you will need the following information:
affiant details
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what is the name and address of the person making the affidavit?
statement
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what are the facts and beliefs that the person making this statement is swearing to?
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is this statement being made in relation to a court case? if so:
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is this statement filed on behalf of the claimant or the defendant?
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what are the claimant’s and defendant’s details?
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what is the name of the court?
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what is the claim number?
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how many written statements (including this one) has the person making this statement submitted in this case so far?
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common terms in an affidavit
affidavits are sworn statements of truth and are often used as evidence in court cases. to enable this, this affidavit covers:
court case details
if the affidavit is made in relation to a court case, the start of the affidavit provides details relating to the case. this includes:
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the name of the court
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the claim number
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who the affidavit is filed on behalf of
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how many written statements have already been submitted by the affiant in relation to the case
the statement itself
the body of the affidavit confirms the affiant’s details and contains the oath the affiant is making. this oath must be based on the affiant’s personal knowledge (unless otherwise stated) and the facts and matters in the statement must be accurate to the best of the affiant’s knowledge.
signatures
the affidavit contains a signature section in which the affiant must sign the document. the affidavit must be signed in the presence of a solicitor or other person commissioned to receive oaths (eg a licensed conveyancer). the signature section of the affidavit contains a designated space for such a solicitor or other person to sign and provide their relevant details.
you can edit your document if you want your affidavit to include further or more detailed provisions. however, if you do this, you may want a lawyer to review or change the affidavit for you, to make sure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance.
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legal tips for making an affidavit
make sure your statement is accurate and truthful
the statement you make in your affidavit must be truthful and accurate to the best of your knowledge. making a false affidavit can lead to a fine and/or imprisonment if you are found to be in contempt of court.
remember to properly sign your affidavit
due to their status as sworn statements, affidavits need to be wet signed in front of a solicitor or other person commissioned to receive oaths (eg a licensed conveyancer). it is crucial that you sign your affidavit in front of a person that can receive oaths. 2022世界杯32强抽签时间 does not provide such stamping or witnessing services, however, most local law firms will provide such services for a fee.
this means that once you have completed your affidavit, you should download and print it and make an appointment with a local law firm to sign it. you can find a local law firm using the law society’s find a solicitor tool.
understand when to seek advice from a lawyer
ask a lawyer if:
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this document doesn’t meet your specific needs
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a statutory declaration or witness statement has been requested as, in that case, an affidavit should not be used
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affidavit faqs
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what is included in an affidavit?
this affidavit template covers:
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the details of the person making the affidavit (known as the ‘affiant’)
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the facts and beliefs the affiant is swearing to
the content of an affidavit should be your personal knowledge of the situation. in some circumstances, personal knowledge can include personal opinion rather than fact, however, it must be stated that this is simply an opinion and not fact. as the document is accompanied by a legally binding oath, it is imperative to ensure that the facts are clearly and accurately represented. if you are unsure what the statement's content should be, ask a lawyer.
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why do i need an affidavit?
you will normally need to use an affidavit along with witness statements to prove the truthfulness of a certain statement in court. you may need an affidavit in civil proceedings or when the court requires you to make an oath, to tell the truth when giving oral evidence at trial or when you make an oath to verify one or more written statements of fact.
an affidavit can be requested in any dispute before a court, such as divorce proceedings, property disputes or debt cases. in some circumstances, the use of an affidavit is mandatory and set out in legislation. examples of mandatory affidavits include applications for search orders or freezing orders.
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how do i use an affidavit?
use this general affidavit by:
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making the sworn statement of truth, and
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printing and swearing in front of a solicitor or other person commissioned to receive oaths (eg a licensed conveyancer)
an affidavit is a religious oath (sworn on the bible, for example) or, if the affiant has no religious belief, an affirmation. an affirmation is a non-religious statement with the same legal effect as an oath sworn on a religious text.
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does an affidavit need to be witnessed?
in most cases, an affidavit must be signed in the presence of someone authorised to administer oaths. the commissioner for oaths act 1889 sets out who is permitted to authorise affidavits. those who can administer oaths include solicitors, notary publics or other judicial officers.
most local law firms will provide such affidavit swearing services for a small fee.
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how much does it cost to swear an affidavit?
the commissioners for oaths (fees) order 1993 sets out how much you can be charged for swearing an affidavit. under this order, professional can currently charge £5 to witness the signing of an affidavit. they can charge £2 to sign an exhibit (eg a document attached to and used in conjunction with an affidavit).
if your affidavit is sworn at court there will be no charge.
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what happens if you knowingly make a false affidavit?
falsely swearing an affidavit is punishable under the perjury act 1911. if you knowingly make a false statement in an affidavit, you may be found to be in contempt of court. this is punishable by a fine, imprisonment or both.
as a result, it is crucial that the content of your affidavit is genuine and truthful. however, as affidavits are meant to reflect the personal knowledge of the person making the document, you cannot be penalised for:
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not including any information of which you were not aware
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including information which you believed to be true but turned out to be incorrect
further, your affidavit can include personal opinion rather than fact so long as it clearly stated that this is your opinion and not a fact.
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