Also known as: affidavits · affiant · affiants · affidare · affidatus · sworn statement · deposition
Written by attorneys · grounded in primary & secondary sources — see below
A written statement of facts sworn to by the declarant before an officer authorized to administer oaths. The statement must be made on personal knowledge and set out facts admissible in evidence. Courts rely on affidavits to establish facts in pretrial motions and other proceedings.
Anita Ali filed a complaint against Anchor Bank alleging breach of contract. Her attorney signed the pleading and included the required contact information but omitted any affidavit. The court accepted the filing without striking it because no rule required verification.
Ariana Azizi testified at trial that she never saw the accident. Defense counsel introduced her earlier deposition testimony denying any knowledge of the events. The court admitted the deposition as non-hearsay because it was given under penalty of perjury.
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Albert Allen moved to suppress evidence seized under a warrant that listed only the address but omitted the items to be seized. Officers had attached a detailed affidavit describing the contraband. The court invalidated the warrant because the affidavit could not cure the facial deficiency.
Abigail Alvarez purchased property from Alpine Mining. At closing the title agent required an affidavit from the seller confirming no liens had arisen since the title commitment. The affidavit became part of the closing documents ensuring clear title transfer.
Alan Ackerman filed a parentage action seeking to establish paternity of a child. He attached a sworn statement alleging a reasonable possibility that he was the genetic parent. The court ordered genetic testing based on the affidavit.
Arthur Abrams moved to depose a terminally ill witness before trial. The court granted the motion and required the witness to sign the deposition transcript under oath. The signed transcript preserved the testimony for later use at trial.
An affidavit used to support or oppose summary judgment must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated.
A court may issue a temporary restraining order without notice only if specific facts in an affidavit or verified complaint clearly demonstrate that the movant will suffer immediate and irreparable injury before the adverse party can be heard.
An affidavit requires the declarant to swear to the truth before an officer authorized to administer oaths such as a notary public. A declaration is made under penalty of perjury without the need for notarization.
…them respectively their several commissions as justices of the peace in the District of Columbia. This motion was supported by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that…