An affidavit is a written statement of fact while a statement is a plaintiff’s written explanation of action. Both are subject to due consideration in court and require an oath. Affidavits must be notarized and follow a preferred format. False statements can result in perjury charges. In administrative law, they are useful for those unable to appear in court. In criminal law, their use is limited as defendants have the right to confront witnesses.
While similar, there are differences between an affidavit and a statement. While an affidavit is a written statement of fact that relates events to the best of the donor’s knowledge, a statement is a plaintiff’s written explanation of the action he or she is taking against the defendant. Both an affidavit and a statement are subject to due consideration in court and can be used to substitute for testimony that would otherwise be given in person. In both the case of an affidavit and a statement, the person giving the testimony must swear under oath that the testimony is true.
Before an affidavit can be signed, one must swear under oath that the statement is true. The deed must also be authenticated by a notary or bailiff who has the authority to take an oath. The person giving the affidavit is referred to as the affiant. Affidavits are given voluntarily and without cross-examination.
While accepted as a form of evidence in a court of law, an affidavit cannot contradict any testimony given by the declarant in a previous deposition. If the affidavit challenges the registrant’s previous testimony, it is completely discarded. An affidavit is written in the less formal first person, but there is a preferred format consisting of a header, numbered paragraphs and a footer, which contains the registrant’s signature. Because an oath was taken, the rules of perjury apply. A person of any age can make an affidavit, as long as they are competent enough to understand the binding nature of an oath and to discern truth from falsehood.
Like the affidavit, a false statement can result in a perjury charge, as the document is sworn to be true. One difference between an affidavit and a declaration, however, is that the declaration does not need to be notarized. Statements are sometimes used in place of an affidavit for this reason, usually when the goal is to have a court decision on a motion. Statements are needed because typically parties are not given the opportunity to testify verbally about the facts of a case before a judge rules on a motion. They are generally more effective when supported by statements provided by others.
In administrative law, affidavits and civil declarations are useful in circumstances where a person is unable to appear in court due to issues such as health or out-of-jurisdiction residence. They help speed up the justice system when there would otherwise be delays. However, in criminal law their use is limited, as defendants have the right to confront witnesses who testify against them. In these cases an affidavit is considered fragile evidence. Often, criminal courts only consider affidavits admissible as a method of impeachment of a witness’s testimony. They are never considered conclusive evidence.
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