Being in the legal system means the term “affidavit” is tossed around freely.
For those who are unaware, this may be a new term and something one may come across once or twice in his/her life. If that is the case, this is the ultimate read on what it means to see an affidavit and what it leads to legally.
Having this information is important to make sure you are on the right side of a legal matter and know how to respond when a situation such as this arises.
What Is An Affidavit?
Let’s begin with a simple legal definition of the term.
This is a written document with a list of facts that are approved by the “affiant” or person who is signing off on the document. This means the facts are under your name and a part of your perspective. This is not an opinion and should be cited as clear facts on the case.
The document states this is done voluntarily and you are not subjected to force or any other form of coercion when listing the facts.
This ensures the document can be used in the court of law as pertinent information (if necessary).
Who Takes The Affidavit?
The affidavit is taken by a public officer, which can include a court clerk, city recorder, county clerk, notary, or court commissioner. They are certified to complete the document and will have the authorization to push it forward as needed.
Each state has varying laws about what is allowed and what is not.
This is kept in mind by the public officer as the affidavit is pushed through. It’s important to note; the public officer is not permitted to take affidavits outside his/her jurisdiction.
Uses of Affidavits
In general, affidavits are seen in court proceedings but can also be used as a one-stop solution for larger groups in court cases.
An example of this would be a business that is under scrutiny. An affidavit is a way to get the word about all enlisted facts and sign off on them as a business. In some cases, affidavits are also seen being used in administrative proceedings, but this will vary from situation to situation.
This is an important document, and it is essential to receive legal assistance while pursuing such a document and having it penned on your behalf. It will have a significant role to play in court proceedings.