A person may stand as a witness and signs a sworn affidavit whenever there is a criminal investigation, work accident, security incident, workplace harassment, or any incident/accident. This means they promise that anything included in the statement is valid. It is the same thing as orally proposing testimony in court. Once a person lies about a word, they could be prosecuted with perjury, lying under oath. Someone convicted of perjury may be ordered to pay significant fines or even be in jail.
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What Is a Sworn Affidavit?
A sworn affidavit is a written document that contains the person’s affidavit statement. They can be under oath to speak the truth about the facts and information in the statement regarding an incident investigation. Further, the person signing the affidavit, named the affiant, attests to their identity. Usually, the statement must be witnessed and signed by a legally authorized person to administer oaths, such as a notary public. The notary is typically required to place a notary seal on the document.
How To Make a Sworn Affidavit?
Since a sworn affidavit is commonly used in court cases to provide evidence about facts regarding an issue, it must be written comprehensively. Aside from that, it may be used to validate documentary evidence, such as an official record for any instances such as a car accident, fire investigation, or school accident. In some occurrences, an affidavit is entered into proof at a court trial in place of the affiant’s sworn testimony.
1. Write The Basic Information of The Person Involved
First and foremost, in writing a sworn affidavit, you need to start with the basic information of the person involved. You must write the declarant and affiant’s legal and complete name. From their name, age, address, occupation, etc. However, you can add other essential information if needed and if it’s purposeful for the affidavit.
2. Incorporate a Detailed Information
Once you’re done with the basic details, you may proceed to a piece of more comprehensive information regarding the incident. You can start with the date and time of the incident, people involved during the incident, place of the incident, and what was said or done and by whom. This is essential since we’re trying to avoid any hearsay and maintain to give truthful statements.
3. Craft an Endorsement Paragraph
This section is one of the most important parts of the affidavit. This is where you will write the statement declaring that the content in the sworn statement is accurate, acknowledging that it is made for use as evidence in court and is subject to penalty, especially perjury.
4. Add Signature
Lastly, once you’re done with your affidavit’s content, don’t forget to include the declarant’s signature to make it more valid. This is essential since the signature is proof that the declarant fully assumes all the responsibilities and consequences of the affidavit.
What is the difference between an affidavit and a sworn statement?
A sworn statement and affidavit are similar types of documents. However, the difference between the two is that an affidavit is signed and certified by a public official.
Who can make an affidavit?
An Affidavit can be constructed only by any individual who may want to use it. It should mention only the facts according to the best knowledge and belief of the deponent.
Is an affidavit a legal document?
Yes, it is a legal document similar to a witness’s sworn testimony in a court of law.
If you’ve included exhibits in your affidavit, the notary will need to review and sign those as well. Be sure to bring any related documents to your meeting with the notary. Otherwise, you’ll have to come back and redo the entire process.
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