What Is An Affidavit And Why Do Winners Need Them?

By Harris Walker
Updated December 10, 2015
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What Is An Affidavit And Why Do Winners Need Them?It is vital for most people to know what is an affidavit. Generally, it is a legal written statement which has been sworn to under oath, in regards to a religious pledge, or an affirmation that is a non-religious commitment. Essentially, it works to determine that the contents of a particular statement, or the information revealed by a person during a particular set of circumstances was complete, correct, and true. Any person can make an affidavit so long as he or she is regarded to have the right mental capacity to understand how serious the oath actually is. In some cases, an affidavit can be dealt with on behalf of another individual, such as when a person is seriously mentally ill, or someone else has guardianship over someone.

What Is An Affidavit And Why Do You Need It?

Someone may require an affidavit for any dispute that takes place before a court, but it is frequently used in divorce proceedings, debt cases, and disputes regarding property. Most of the time, people will know that they need to make an affidavit, because the court will instruct them to do so. As many people will utilize the services of a professional solicitor in handling their case, the solicitor in question should be familiar with the rules of the local court and prompt them for action when an affidavit is required.

Keep in mind that the content of the information in an affidavit is based on personal knowledge held by the affiant, or regarding the information that is provided by the affiant. Effectively, an affiant should not be penalized by the court if he or she does not include information on the affidavit that he or she is not aware of. Personal knowledge can sometimes include personal opinion for the affiant, however, it must be stated that this particular information is an "opinion" and not a fact.

How Do You Complete An Affidavit?

A person who conducts an affidavit is regarded as the "affiant", and this individual's statement or signature will be sworn and witnessed by a notary public or taker of oaths. Solicitors and barristers are also permitted to perform this function. When completing an affidavit, it's important to ensure that you provide an account of facts exactly how they happened. Always use plain English instead of legal jargon where possible, and make sure that you refrain from making personal comments about the other party.

An individual completing an affidavit must have that document witnessed by an official person or solicitor during the process of signing. Although it doesn't always have to be signed in front of a solicitor, the documentation must be signed in front of an appropriate judicial officer.

The Importance Of Affidavits

Winners need affidavits to ensure that they always have proof to make their words weigh more in court. Without an affidavit, you may not be taken seriously when it comes to proving that the statements you have made are true, complete, and factual. With an affidavit, you can achieve a great deal, from obtaining the understanding of the court, to making your case in a more believable manner. These are basic information for what is an affidavit and how it is used.





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