Also known as: oath · oaths · affirmation · affirmations · oath or affirmation · sworn testimony · affidavit
Written by attorneys · grounded in primary & secondary sources — see below
A solemn declaration by which a person vouches for the truth of a statement or the performance of a duty. The declaration may take the form of an oath invoking a deity or an affirmation that binds the conscience without religious reference.
Olga O'Neill, a detective, submitted an affidavit detailing surveillance of a suspected drug house. A magistrate reviewed the facts and issued a search warrant. The warrant recited that probable cause rested on the detective's sworn statement describing the place and items to be seized.
Orla O'Malley, an unrepresented plaintiff, filed a complaint against a former employer. The document lacked any signature. The court struck the pleading after the omission was called to her attention and she failed to correct it promptly.
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Oskar Ocampo took the stand in a contract dispute. Before answering questions, he recited an affirmation promising to tell the truth in a form that impressed the duty on his conscience. The court then permitted his testimony on matters within his personal knowledge.
Otis Olsen, a boat dealer, told buyer Onyx O'Reilly that a used vessel had never been in an accident. The statement became part of the basis of the bargain. When Onyx later discovered collision damage, the affirmation created an express warranty that the boat failed to meet.
Odette Orozco formed Orbit Communications LLC and designated a registered agent in the formation documents. The designation operated as an affirmation that the agent had consented to serve. The company thereby satisfied the statutory requirement to maintain an agent in the state.
Osprey Aviation's owners, a married couple, filed a joint petition stating under oath that their marriage was irretrievably broken. Neither party denied the allegation. After a hearing the court made the required finding and dissolved the marriage.
The declaration must be in a form designed to impress the duty to testify truthfully on the witness's conscience. No particular religious wording is required. An affirmation that binds the conscience without invoking a deity is sufficient.
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No. Every pleading must be signed by at least one attorney of record or by an unrepresented party. An unsigned paper must be struck unless the omission is promptly corrected after notice.
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Any affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain creates an express warranty. Formal words such as "warrant" are unnecessary. A mere opinion or commendation does not create a warranty.
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The court shall make a finding whether the marriage is irretrievably broken after a hearing. If one party denies the allegation under oath, the court must consider additional statutory factors including prospects for reconciliation.
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The Fourth Amendment requires that warrants issue only upon probable cause supported by oath or affirmation. The sworn statement supplies the factual basis the magistrate uses to determine whether probable cause exists and to describe the place and items with particularity.
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…"This clause was manifestly introduced to prevent any perverse or ingenious misapplication of the well-known maxim, that an affirmation in particular cases implies a negation in all others; and, e converso , that a negation in particular cases implies an affirmation in all others." Id. , at 651. These statements of…