It’s the 12 Days of Ballotpedia! Your gift powers the trusted, unbiased information voters need heading into 2026. Donate now!
Affidavit
An affidavit is a formal written document in which the signer swears under oath that the statements in the document are true.[1] The term is borrowed from Latin and means "he or she has declared upon oath."[2] One who provides an affidavit is referred to as an affiant.[3]
Contents
An affidavit need not follow any particular format or use any specific language. All that is necessary is for all the facts to be clearly stated. All facts stated in the affidavit must be accurate and the affiant bears responsibility for the truth of the affidavit's contents. Should they prove to be false, the affiant may be prosecuted for perjury.[3]
Use in the legal process
Affidavits are used as a form of testimony in judicial proceedings to supplement claims made and to serve as evidence in civil actions and criminal prosecutions. The facts within the affidavit may be either based upon facts known by the affiant or upon beliefs that the affiant holds, as long as they are clearly stated. Any information stated as fact within the affidavit must be verifiable as truth and the affiant may be prosecuted for perjury if they are found to be false.[3]
Affidavits differ from depositions in that they are made voluntarily and the affiant is not cross-examined. Affidavits may also be used in instances when an expedited process is necessary, such as in ex parte hearings for processes such as the issuance of a temporary restraining order.[3]
Giving an affidavit
Any person legally able to take an oath may be an affiant. There is no age requirement so long as the affiant is old enough to be able to understand both the facts that they are attesting to be true and the significance of the legally binding oath.
An affidavit can be made on behalf of another person if the affiant has clear authority to do so, such as in the case of a legal guardian making an affidavit on behalf of a minor.[3]
Taking an affidavit
An affidavit may be taken by any public officer authorized to administer legal oaths, although officers may only take affidavits within their own jurisdictions. Judges may take affidavits unless they are restricted by state law, and in some instances, justices of the peace and magistrates may be authorized to take affidavits as well.[3]
Other functions of affidavits
In addition to their uses in judicial functions, affidavits have some uses in business and in certain administrative proceedings. They have many uses in administrative proceedings when a testimony is needed as evidence and there is not an opportunity for cross-examination of witnesses. Additionally, they may be used in various instances in business when an official statement is needed. For instance, affidavits may be used to swear to the financial stability of a corporation or the financial conditions of an individual.[3]
See also
Footnotes
