An affidavit is a written statement that an individual affirms to be true. The word dates back to Latin. The definition is to pledge faith or speak the truth. The statement is often witnessed by a clerk of the court or a notary public. Affidavits are common in any type of civil or legal action including lawsuits and other type of court cases. An affidavit may be prepared by one of the litigants in a civil lawsuit or made by a witness of some type.
Affidavits also used in some financial transactions like loans. The person receiving the loan may sign an affidavit declaring that the income level they’ve declared is accurate, for example. When signing any type of affidavit, you will be agreeing that the contents are accurate to the best of your knowledge, and that you are not providing information that you know is erroneous.
An affidavit is similar to a deposition, but there are key differences. An affidavit is a freely provided document whereas the court may require a deposition of someone involved in or linked to a legal or civil matter before the court. In an affidavit, there is no cross examination as there is in a deposition. Therefore, in some cases, an affidavit doesn’t carry as much weight as a deposition.
The Use of Affidavits by Litigation Lawyers and Others
Affidavits are used by litigation attorneys, defense attorneys and others to substantiate their case. For example, if you were injured in a slip and fall accident, your litigation attorney might ask your doctor to sign an affidavit saying that you did not have a back injury the last time you were seen prior to the slip and fall, and that you did have one following it.
This is just one of thousands of potential scenarios in which an affidavit would be used by a litigation lawyer. The attorney uses affidavits to substantiate the facts that support the story given by his or her client. They have added weight because the people signing the affidavits have sworn – by signing the document – that what they’ve attested to is the truth.
Affidavits and Depositions
While different from a deposition statement, it is often the case that someone who has signed an affidavit in a case will then be deposed by one of the litigation attorneys in order to explore their understanding of the facts more closely. If you are asked to provide an affidavit, you should understand that your statement may be introduced in court. If so, it may affect the outcome of the case. You may also be deposed. Be truthful in any affidavit you attest to, because if it is demonstrated that you knowingly provided false information, you can be held legally liable.
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