Also known as:scilicet · sc. · ss. · to wit · namely
Written by attorneys · grounded in primary & secondary sources — see below
A Latin notation appearing in the heading of affidavits to signify that the affiant publicly asserts the facts stated in the document.
Sources & Authorities· 9 sources
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Restatements
Study Supplements
How it applies
Common Examples
6
Affidavit Supporting Choice of Law Motion
Summit Bank submitted an affidavit in a multistate property dispute to establish the most significant relationship under Restatement principles. The document opened with the formal heading containing silicet followed by the sworn statements of the bank's records custodian detailing the parties' expectations and the location of the collateral. The court relied on those assertions to evaluate the contacts of the interested states.
Affidavit in Diversity Jurisdiction Dispute
Solomon Silver filed an affidavit containing silicet in the heading to support a motion to dismiss for lack of subject matter jurisdiction. The custodian swore to the citizenship of the corporate defendant and the amount in controversy at the time of filing. The court used the attested facts to determine whether complete diversity existed.
Serena Soto attached an affidavit with silicet in the caption to oppose a motion to dismiss for lack of standing. The affiant detailed the concrete injury suffered by the plaintiff organization and its members. The court examined those sworn facts to decide whether the injury was particularized and redressable.
Warthrop v. Seldin422 U.S. 490, 499 (1975)
Affidavit Supporting Taxpayer Standing Claim
Scott Summers submitted an affidavit bearing silicet to establish the factual basis for taxpayer standing in a challenge to federal expenditures. The document attested to the plaintiff's status as a taxpayer and the connection between the challenged spending and the alleged constitutional violation. The court evaluated the sworn statements when applying the nexus requirement.
Flast v. Cohen392 U.S. 83, 95 (1968)
Affidavit in Affirmative Action Litigation
Stonehaven Properties filed an affidavit containing silicet in a challenge to a university admissions policy. The custodian swore to the company's interest in the diversity of the student body and the impact of the policy on recruitment. The court considered the attested facts when assessing the organization's standing to intervene.
Grutter v. Bollinger188 F.3d 394 (6th Cir. 1999)
Affidavit in Class Action Certification Motion
Southland Foods submitted an affidavit with silicet to support a motion for class certification in a consumer dispute. The affiant attested to the uniformity of the defendant's practices across the proposed class and the existence of common questions. The court relied on those sworn representations when deciding whether the predominance requirement was satisfied.
Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.559 U.S. 393 (USSC 2010)
Common questions
Frequently Asked
3
What does the notation silicet indicate when it appears in an affidavit?+
The notation signifies that the affiant publicly asserts the facts contained in the document. It is a traditional heading element that confirms the sworn nature of the statements that follow.
Supporting sources
Is silicet required for an affidavit to be valid under the Federal Rules?+
The notation is a traditional formalism rather than a substantive requirement. An affidavit remains effective when it is sworn and signed subject to the penalties of perjury even if the heading omits the notation.
Supporting sources
Where in an affidavit does silicet typically appear?+
The notation appears in the heading immediately before the body of the sworn statements. It signals that the affiant is making a public assertion of the facts that follow.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…446 F. 2d, at 839. The Does' claim falls far short of those resolved otherwise in the cases that the Does urge upon us, namely, Investment Co. Institute v. Camp , 401 U. S. 617 (1971); Data Processing Service v. Camp , 397 U. S. 150 (1970); and Epperson v. Arkansas , 393 U. S. 97 (1968). See also Truax…