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Affidavits

( Originally Published 1918 )



An Affidavit is a statement made under oath (or affirmation) before an authorized official, and signed by the person making it.

For What Used.—In judicial proceedings, except for trial of causes, affidavits are the usual means of presenting evidence to the court, and are most frequently used to support or oppose the numerous applications for orders, known as motions.

No Particular Form is prescribed by law, but the affidavit must specify the state and county in which it is made, so as to show that the officer who administered the oath had authority to do so. Where the matter involved is between citizens of two or more states, the officer must be certified by the clerk of a court of record in the state and county in which the affidavit is made.

The Statement should be confined to facts within the actual knowledge of the person making the affidavits, or when made on information and belief, that fact should be stated.

Jurat.—The officer taking the affidavit affixes a clause called the jurat, certifying the time and fact of the oath.

Who May Take.—Judges, justices of the peace, notaries public, and other and similar officers have authority to take affidavits.



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