The Ultimate Guide to Writing an Affidavit

Affidavit

An affidavit is a written statement that is confirmed either by affirmation or oath. The document is used as evidence in a court case. For example, an ex-employee can swear an affidavit in relation to an unfair dismissal claim against his or her employer.

If you’re unsure or intimidated about having to write the declaration, we’re providing informative advice on how to write an affidavit.

A Case Caption

Do you intend for an affidavit to be submitted into court? If so, we recommend inserting a case caption at the top of the document. This is a centered heading that indicates the court venue, the name of both the defendants and the plaintiffs, and the case number. You should also add the word “affidavit” underneath the case caption to provide a statement title.

Add Personal Details

Various affidavits will require personal details about the affiant, which goes beyond his or her full name and address. You might be required to include your date of birth, occupation status and the relationship to the litigant. If you’re writing an affidavit to support an immigration petition, you’ll need to include the affiant’s immigration status.

Confirm the Affiant

The affidavit commencement requires you to write the affiant’s full name. This is the individual making the affidavit statement. Anyone writing the statement for a court case should write: “Comes now (affiant’s full name), being first duly sworn, under oath and states as follows:”

The Statement

Stick to the necessary facts when writing an affidavit, and add them into a numbered list to make it easier to reference your statement in court. It’s also advisable to write in the first person, such as “I”. Each fact should have a separate paragraph. If more than one fact cannot be stated separately, they should be featured in one paragraph.

Try to be as clear and concise as possible when writing the statement, as well as with names, dates, and addresses. Avoid speculation and only include verifiable facts. You should also refer to the attached supporting documents or photographs to support a statement, which should be marked “Exhibit A” etc.

A Statement of Truth

A statement of truth will confirm you’re swearing to the facts stated in the affidavit, and that this is all the information you have on the topic.

Create a Signature Block

It’s important to leave a space for the affiant’s signature, and his or her name must also be typed or printed underneath the space. The document should then be signed in the presence of a notary. Contact Notary Depot to quickly find a notary in your area.

There should also be a signature block for the notary at the end of the affidavit, which will allow the official to administer an oath that the affiant swore to the statements, and that they provided legal identification. The affidavit must then be signed by the affiant in front of the notary, and it must also include a notary’s signature and stamp.

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