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An affidavit is a document executed under oath, stating facts known or believed by the registrant. A notarized affidavit may be accepted in lieu of testimony in court cases. It differs from court testimony or a deposition as it is voluntary and not questioned or cross-examined. It should be limited to a statement of facts and executed under oath. The notary administering the oath will sign the document and record their information at the bottom.
An affidavit is a document executed under oath and setting forth facts known or believed by the person making the affidavit, called the registrant. When executed before a notary, the document is known as a notarial affidavit. In limited circumstances, a notarized affidavit may be accepted in lieu of testimony in court cases; even a notarized affidavit will routinely be enforced in many circumstances that do not involve appearances before a judge.
An affidavit differs from court testimony or a deposition in that the registrant makes a completely voluntary statement and is neither questioned nor cross-examined. While both court appearances and depositions may be mandated by the court, affidavits cannot be required because, as noted, they are purely voluntary.
When done in the first person, an affidavit usually begins with a statement that identifies the registrant, including their address, and affirms their competence to execute the affidavit. When rendered in a third party, as in the case of guardians performing public deeds for their children or incapacitated parents, the nature of the relationship must be made clear in the affidavit, as well as their ability to render the affidavit. The affidavit must also indicate both the place and the date on which it was executed.
There is no generally required form that a notarized affidavit should take, except that it should be limited to a statement of facts. It is inappropriate to include arguments, characterizations, or judgments in an affidavit. Facts should be stated clearly and conclusively, and when based on the registrant’s information rather than personal knowledge, the source of that information should be clarified. For example, the statement “I saw the car hit the tree” is based on personal knowledge; “The driver was drunk”, is the information, and “I knew the driver was drunk because he was reported in the newspaper”, sets out the information and identifies its source.
The fact that an affidavit is a statement of fact that will be relied upon in legal proceedings makes it essential that it be performed under oath. The document does not become an affidavit until the declarant is placed under oath and executes it at that point. The person taking the affidavit—a notary, clerk, or commissioner of deeds, for example—will administer the oath to the declarant, who then executes the affidavit by signing it. The official will then sign the document, indicating the source of his authority to administer the oaths. In the United States, a notary public will state his or her office title, country of jurisdiction, and expiration date of the notary fee. All of this information is recorded at the bottom of a notarized affidavit. A notarized seal is not required, but is often impressed by the notary.
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