An affidavit is something that is made without having any cross-examination of an affiant. Though it is not the same as a deposition, a record of a particular examination of a witness voluntarily made or in pursuant of a subpoena. An affidavit is generally based on the personal knowledge of the affiant or his or her knowledge based on the information he or she got from a belief. Personal knowledge is defined as the recognition of the facts that came from a direct observation or an experience. Information and belief are the two things to what an affiant feels he or she can state as true whether it is based on the firsthand knowledge or not. There is what we call an affiant statement. In this article, you will be able to know more what it basically means and how it would work.
9+ Affiant Statement Samples
1. Affiant Statement
2. Sample Affiant Statement
An affiant is someone who can file an affidavit, a written statement that can be used as an evidence inside the court. In order for an affidavit to be admissible, it must be duly notarized by a qualified notary public. A notary public’s role is to ensure the validity of a signature and makes sure that the signature was applied voluntarily or without force. Once the affiant has acknowledged the document depending on its purpose and signs the affidavit, the document is then considered notarized and becomes a sworn affidavit.
Both the terms “affiant” and “affidavit” are commonly used in a court setting. Depending on your state of residence, an affidavit is generally require for various legal transactions.
3. Jurat Affiant Statement
4. Affirmation Affiant Statement
5. Affiant Certification Statement
6. Affiant Sworn Statement
7. Affiant Document Statement
8. Affiant Statement of Facts
9. Affiant Conflict of Interest Statement
10. Annual Registration Affiant Statement
Despite the importance, having various documents signed or notarized is quite frustrating. You still have to find, schedule, and visit a particular notary public in person in order to have their signature verified.
If you would ask, what is the role of an affiant? An affiant voluntarily offers a signs a statement of facts, under a specific oath, and agrees to have it written down. He or she is responsible of creating an affidavit based on their personal knowledge. Once they are able to sign their written statement, it will become a legal document. There are only two known instances when an affidavit can be used in a specific trial or hearing. First is that when there is no other known information. Second is when the affiant is unavailable to appear in the court.
In a hearing, an affidavit can be used as a reinforcement to practice truthfulness of evidences and different statements presented in front of the courtroom. If the witness is present, their affidavit becomes no longer admissible in the court. Affidavits are also used in restraining orders, thus considered to hold more weight than the known beliefs and other information.
There is no age requirement when you want to become an affiant. As long as you are old enough to be able to understand facts and essential legal information and the significance of an oath that you make, the affidavit will be considered valid. A criminal conviction will not necessarily make a person incapable of making an affidavit. An adjudication of a particular incompetency does.
Someone who should be familiar with the matters in question may be able to make an affidavit on behalf of another individual, but it should have an authorization that is clear. A guardian of a child or a minor can also assist in making an affidavit. A qualified lawyer can also make an affidavit for a specific client if it would be impossible for that specific client to perform. However, when necessary to perform a particular duty, a personal representative or partner may execute an affidavit that would probably indicate the capacity in which an affiant acts.
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