Affidavit

What Is an Affidavit? An affidavit is a written declaration of facts that the person making it (the affiant or declarant) swears or affirms to be true under penalty of perjury. Affidavits are used to present evidence in court proceedings, support motions, establish facts for legal transactions, and provide sworn testimony without requiring the person to appear in court. ## Common Uses of Affidavits - Supporting or opposing motions in court (summary judgment, temporary restraining orders) - Verifying facts for real estate transactions - Establishing identity or relationship in government filings - Providing testimony when a witness cannot appear in court - Supporting immigration applications - Confirming financial status for loan applications ## Requirements for a Valid Affidavit A valid affidavit must be written (not oral), contain statements of fact based on the affiant's personal knowledge, include a sworn statement that the contents are true, and be signed by the affiant before a notary public or other authorized official. Making false statements in an affidavit constitutes perjury, which is a criminal offense. Courts may strike an affidavit that contains hearsay, speculation, or conclusions rather than factual statements.