Also known as: written testimonies · affidavit · deposition transcript
Written by attorneys · grounded in primary & secondary sources — see below
Evidence that a competent witness provides under oath in written form rather than through live oral testimony at a hearing or trial. Such evidence takes the form of an affidavit, declaration, or deposition transcript and must satisfy requirements of personal knowledge, admissibility, and competence to be considered by the court.
Wren Wright's attorney prepared a motion to dismiss and attached an affidavit from a key witness. The attorney signed the motion but omitted the required address and email. The court struck the unsigned affidavit portion after the omission was noted, requiring prompt correction before the written testimony could support the motion.
Whitney White obtained a search warrant based on a detailed affidavit describing drug activity at a residence. The warrant itself listed only the address without specifying items to seize. Officers executed the warrant and seized evidence, but the court suppressed the items because the written testimony in the affidavit could not cure the warrant's facial deficiency.
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Willa Whitman filed for legal separation and moved for temporary maintenance. Her motion included an affidavit detailing monthly expenses and the need for housing funds during litigation. The court reviewed the affidavit to determine appropriate temporary support amounts for Whitman and the child.
Warren Wu failed to answer a complaint for breach of contract. The plaintiff submitted an affidavit showing the amount due and Wu's failure to defend. The clerk entered default and later judgment for the sum certain based on the written testimony in the affidavit.
Wyatt Wilson moved for a temporary custody order in a dissolution proceeding. The motion was supported by an affidavit describing the child's living arrangements and health needs. The court awarded temporary custody on the basis of the affidavits after finding no objection from the other parent.
Wanda Weaver opposed a summary judgment motion with an affidavit stating facts about contract performance. The affidavit lacked any showing of personal knowledge or competence. The court disregarded the written testimony because it failed to meet the requirements for supporting or opposing the motion.
Federal rules permit unsworn declarations under penalty of perjury in most circumstances where an affidavit is otherwise required. An affidavit is mandated only when a specific statute or rule expressly requires one sworn before a notary or other official.
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No. Officers may not rely on the supporting affidavit to supply details missing from the warrant itself. The Fourth Amendment requires the warrant to particularly describe the place and items on its face.
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The affidavit must set forth the factual basis for the motion and the specific amounts requested. Courts rely on this sworn statement to determine whether temporary relief is just and proper during the proceeding.
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The clerk enters default upon a showing by affidavit or otherwise that the defendant failed to plead or defend. For a sum certain, the clerk may also enter judgment upon an affidavit establishing the amount due.
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The affidavit must be made on personal knowledge, set out facts admissible in evidence, and show that the affiant is competent to testify. Failure to satisfy these requirements prevents the court from considering the written testimony.
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…The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the refusal to give the requested information. He then called Jacob Wagner and Daniel Brent, summoned…