An affidavit is a written statement of important facts used as evidence in legal proceedings. A general affidavit is a basic form that can be used in any situation. It must be voluntary, true, and signed under oath. It is not subject to perjury charges if the facts change or are discovered to be different. General affidavits are suitable for any legal statement or court case without a specified format. Specialized types of affidavits exist for certain legal proceedings.
An affidavit is an affidavit submitted in writing by any person with knowledge of important facts. Affidavits are used to present evidence in various types of legal proceedings, both in and out of court, and are available in many formats to suit the context in which the affidavit is being used. A general affidavit is the basic form of statement and can be used in any situation that doesn’t require a specialized affidavit format.
Typically, a blanket affidavit is used to establish facts when the person with knowledge of those facts may not be available in person when testimony is needed. Although the statement is written, it is made under oath. Anyone presenting false testimony by means of a sworn affidavit is subject to the penalty of perjury.
While many people use an attorney to prepare a general affidavit, the format is a simple four-part presentation. It includes the person’s name and address, a statement of the facts, a statement that the person swears those facts are true to the best of his or her knowledge, and the signature and seal of a notary or other bailiff. There are a number of companies that provide pre-printed forms that make preparing a general affidavit even easier.
The most important thing to keep in mind about a general affidavit is that it is a sworn legal instrument with the weight of testimony. It must be done voluntarily and not under the direction of a judge or other legal personnel. The person making the statement should state only those facts which he knows to be true, based on direct observation and experience. The declaration must also be signed under oath, sworn before a court official such as a notary public.
A person submitting a general affidavit will not be subject to charges of perjury if it is discovered that the facts were different than the person believed them to be, or if the facts changed as a result of the person’s knowledge of the situation. The written statement must simply be true at the time of delivery. It is assumed that the person making the statement knows the content of the statement and the consequences for presenting false testimony.
General affidavits are used in a wide variety of legal circumstances. Some legal proceedings, such as custody and immigration cases, have their own specialized types of affidavit, such as a “statement of support.” The general affidavit is suitable for any court case or legal statement for which a format is not specified, such as taking a statement from a witness to an accident, when changing names, when engaging in certain real estate transactions, or when registering to vote.
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