A personal affidavit is a legal document where a person swears on the authenticity and truthfulness of written facts. It is commonly used in both the US and UK to establish individual testimony in judicial matters. Affidavits must be worded and created correctly to carry weight in court. They begin with an identification of the declarant, set out relevant facts, and require notarization. The commitment to honesty is the most defining trait of the personal affidavit, and falsification can lead to perjury charges and contempt of court.
The personal affidavit is a legal instrument by which a person swears on the authenticity and truthfulness of written facts. The term “affidavit” comes from medieval Latin and means “declared under oath”. Modern usage of the term in both the United States and Britain is consistent with this definition, and personal affidavits are commonly used in both countries as a way for individuals to establish individual testimony. Most personal affidavits relate to judicial matters, especially civil trials, but they can be used whenever truthful treatment is required. Personal affidavits exist as a means of verifying the truth, and false statements made within them can subject signatories to judicial penalties for perjury and other crimes.
Early affidavits were used in the early English courts and became a regular aspect of the English common law system, which is the basis of the legal system in the United States. The requirements for what a personal affidavit must contain to be admissible in court or valid as other evidence of truth vary from jurisdiction to jurisdiction. In the United States, the correct form of a personal affidavit is a matter of state law.
Affidavits as legal instruments are usually drafted by attorneys familiar with the specific requirements of their jurisdictions. Individuals who wish to draft affidavits with each other, whether for commercial contracts or otherwise, can find many resources for general affidavits online and in law libraries, among other places, but should carefully research the rules governing their position before draft and sign documents. An affidavit that is not worded or created correctly may not carry weight in court.
Generally, all personal affidavits begin with an identification of the “declarant,” the person making the declarations, and the physical location – a street address, or even just a city – where those declarations are made. Next, the affidavit will set out the relevant facts. If the affidavit is being used as testimony in court, the fact section will include the registrant’s version of events or their knowledge of certain relevant information. Finally, the affidavit provides a place for the declarant’s signature, accompanied by a statement of truth known as a “certificate”, as well as a notarized page, if authentication is required.
Notarization is required for most personal affidavits. An affidavit is notarized when the registrant takes it to a notary and signs it in the presence of the notary. In the United States, a notary public is a state-licensed professional whose job is to witness signatures and administer oaths. A notary public will verify the identity of the registrant before witnessing the signature and will seal the signed affidavit with an official stamp. The seal certifies that Declarant is who they say they are, Declarant appears competent to make the representations, and Declarant understands that the affidavit is a legally binding document.
When a personal affidavit is used outside of court testimony, notarization is not always required. When people in the United States register to vote, for example, they are required to fill out an unauthenticated personal affidavit that their voter registration application contains legitimate and correct information. Similarly, affidavits alleging bank fraud, identity theft, and some questions about ownership of property require only signatures, not notarization, to be binding.
The most defining trait of the personal affidavit is its commitment to honesty. The whole point of an affidavit is that it is, by virtue of its form and signature, an oath of truthfulness. Falsification of any personal affidavit will subject the registrant to perjury charges and possibly also to charges of contempt of court. Therefore, it is recommended that registrants read and understand any personal affidavit carefully before signing it.
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