An affidavit is a written statement that has been formally verified for use in court on behalf of the party responsible for the creation of the statement. It is the primary vessel for the presentation of evidence before a court, and is an essential element to the enunciation of the facts of the case.
The written statement becomes an affidavit after the contents of the statement have been affirmed to be true by an authorised person. All affidavits must be signed with a witness – who is also the presiding authorised person – present during the procedure. This authorised person is more often than not a legal professional of some kind, although a justice of the peace is frequently used as an alternative. The witness bears the duty of seeing out the procedure by first overseeing the party in question’s signing of the statement, which is then followed by the placement of their signature on the affidavit.
The individual who formulates the affidavit is known as the deponent, and this individual can be any number of persons, including:
- Either a respondent or a defendant in a case.
- A formal witness in a case.
- A plaintiff of a case.
- Any person who may prove knowledgeable to the intricacies involved in the case at hand.
An affidavit can be formulated without the assistance of a legal counsel, although the process can be rather complex, especially if you aren’t experienced in dealing with legal processes. This is why it is always the preferred option to seek out legal advice in this type of scenario.
There are two main ways of verifying an affidavit. The first method involves the notion of swearing, in which an oath is sworn by the individual in question, before their god, and in declaration that their position is aligned with the truth. This method denotes a religious affiliation, so an individual can opt for affirmation instead, if they wish not to swear a religious oath. The affirmation is a personal and solemn deceleration of truth, with no ties to religion.
Many instances will allow you to remain absent from the presentation of evidence in court if you have an affidavit, although to ensure this is applicable to your unique case, it is advised that you seek out the assistance of a professional legal counsel. Often times a court may require a party or a witness to answer questions that regard the affidavit in question, and if this instance requires the help of a trained and experienced translator, you can contact this link for further information.
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