Written by attorneys · grounded in primary & secondary sources — see below
A person who executes an affidavit. The affidavit must rest on the affiant's personal knowledge, contain facts admissible in evidence, and demonstrate the affiant's competence to testify about the stated matters.
MetroTel moved for summary judgment in federal court and supported the motion with an affidavit from its network operations manager. The manager described her oversight of billing systems and explained how the company's call records were automatically generated and stored. The court evaluated whether the manager possessed personal knowledge of the records and could competently testify about their contents.
A defendant moved to suppress evidence obtained under a search warrant. The defendant alleged that the police officer who submitted the supporting affidavit had included a false statement about tire tracks leading to the premises. The court examined whether the officer knew the statement was false or made it with reckless disregard for the truth.
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An Indiana voter who lacked photo identification cast a provisional ballot and submitted an affidavit stating that obtaining the required identification would impose an undue burden. The election board reviewed the affidavit to determine whether the provisional ballot should be counted under state law.
A deputy district attorney prepared a memorandum questioning the accuracy of statements in a search warrant affidavit submitted by a sheriff's deputy. The memorandum highlighted discrepancies in the description of a driveway and tire tracks at the crime scene. Supervisors reviewed the memorandum before deciding how to proceed with the prosecution.
Celotex moved for summary judgment in an asbestos case and submitted materials including an affidavit from a company representative. The plaintiff responded by pointing to portions of the record that could support her claims. The court considered whether the affidavit and other cited materials satisfied the requirements for personal knowledge and admissibility.
The government held a U.S. citizen as an enemy combatant and offered an affidavit summarizing military records to support continued detention. The detainee requested an opportunity to rebut the facts asserted in the affidavit before an independent tribunal. The court assessed the minimal burden of requiring a knowledgeable affiant to present the summarized records.
The affidavit must be made on the affiant's personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. Courts disregard portions that fail these requirements.
Yes. A defendant may obtain suppression if the affiant included a false statement knowingly or with reckless disregard for the truth and the false statement was necessary to the probable cause finding.
No. An affiant such as a records custodian or operations manager may testify based on familiarity with company systems and how records are generated and maintained in the ordinary course of business.
…will not apply in cases where the magistrate or judge in issuing the warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; where the issuing magistrate wholly abandoned his judicial role; where the affidavit is so…