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According to the definition on dictionary.com, an affidavit is “a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.” Since it is a voluntary statement a court cannot force someone to make it. An affiant is a person who is in full knowledge of facts under contestation and who possesses the mental ability to state something on oath or make an affirmation. This article answers some of the commonly asked questions about these legal documents. What is an affidavit?
It is a sworn statement which is made under oath. Usually, this should be signed in front of a notary public and notarized by a notary. However, the court can sometimes allow something else also to substitute a sworn statement. In federal cases, a declaration can be attested to under penalties of perjury instead of an affidavit. Can two people sign an affidavit?
Usually, it is possible if both are named in it and swear to the same set of facts. However, not all cases are the same and case specific issues can only determine whether it is possible in a certain scenario. Where should I go to notarize my affidavit?
You may either visit a bank or an attorney’s office to get it done. In Texas, can I put an affidavit on legal paper 8 ½“ by 14”?
Texas Rules of Civil Procedure states that the pleadings have to be made on 8 ½” by 11” paper. Any affidavit attached to the pleadings should be of the same size. The law does not specify document sizes other than for pleadings and affidavits. As per Tex. R. App. P. 9.4., the appeal court rule speficy that any filed document other than the record itself should be on an 8 ½” by 11” paper. Can someone represent himself and give an affidavit to the jury if he is unable to hire a lawyer?
An individual has the right to represent himself. Whether or not an attorney represents the individual, the rules of evidence will remain the same. However, if a lawyer represents the individual, the court will not need to allow the person to question witnesses. I am a subcontractor and sign affidavits on payments. A client of mine wanted to make a partial payment for my work saying that their client was not fully satisfied with the work. They are insisting me to sign an affidavit saying “paid up to 100%”. Would it be wise if I sign it, take the amount offered, and fight for the balance later?
You might be in a disadvantageous position if you sign it. It would be considered an Accord and Satisfaction of a disputed amount owed and you would not be able to claim it later once you sign it. Public officers authorized by law to administer oaths and affirmations can take affidavits. Usually, every affidavit should have the affiant’s address, the date on which the statement was made, the place where the statement was made, and the signature of the affiant. The contents of the affidavit must be true and accurate and it is only the affiant who is solely responsible for this. In case the affiant makes a false statement, the person can be prosecuted for perjury. When you are unsure of the legal procedures and the best course of action, it is always best to ask a business lawyer to answer your specific questions to help you make informed decisions.
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