Module - 4

LEGAL NOTICE AND

AFFIDAVIT

Online Certificate course on Contract

Drafting
Online Certificate course on Contract Drafting
LEGAL NOTICE AND AFFIDAVIT

LEGAL NOTICE
A legal notice is a formal intimation/ communication by one person to another
person. In this communication, the former party informs about his intention to
take legal action against the latter party. This legal document provides an
opportunity for the addressee to put forward the story of his side in an amicable
manner. That means it acts as a way to solve a dispute without recourse to the
court.

Essential Information of Legal Notice

1. Basic Information: A legal notice contains the sender’s basic information, like
name, address, and description.
2. Statements of Cause of Action: The matter written in the notice must be in
paragraph form. Each paragraph must provide the essential facts, issues, and
statements supporting the cause of action. A notice can also contain information
about any previous communication between the parties.
3. Relief Sought: The last paragraph of the notice should include a detailed
explanation of the relief sought by the sender.

Contents of the Format of Legal Notice

1. Name, residential address, and description of the Sender;
2. Name and address of the Addressee;
3. Material fact, Cause of Action, and Summary of the Fact;
4. Summary of Relief Sought;
5. Reasonable Time to File Reply of the Notice;
6. Signature of the Lawyer;
7. Signature of the Client.

Steps to Draft the Format of Legal Notice

1. Contact a Lawyer
2. Share Information: A party needs to explain his/her grievance in detail to the
lawyer. Details include the name and address of the parties, grievances, issues,
and the relief sought.

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LEGAL NOTICE AND AFFIDAVIT

3. Provide Documents: Sender should provide all the necessary documents to the
lawyer for filing the legal notice.
4. Draft Notice: The lawyer needs to write the legal notice in Legal Language, i.e.,
either in legal English or Hindi. The notice must clearly specify all the crucial
information and previous communications. It should also specify the time period
in which the addressee needs to reply. Normally a period of 15 to 30 days from
the date of receipt of notice is given to file a reply.
5. Sign Notice: The lawyer must sign the notice before sending it to the second
party. He can send it either through registered post, courier, or hand delivery. In
the case of courier, a lawyer must retain the acknowledgment receipt for future
use. He also needs to keep a copy of the notice with himself for future reference

FORMAT
ON LETTERHEAD OF THE ADVOCATE (NAME, ADDRESS, CONTACT NUMBER)

Ref. No.________ Dated: ________

To,
1- _______________
2- _______________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.

Dear Sirs,
Under instruction and on behalf of our client _______ son of _______, resident of
_______, I do hereby serve upon you with the following notice under section ___
of the _______ Act
1- That my client ______________.
2- That since ______________.
3- That on ______________.
4- That my client filed a Demand Notice ______________.
I therefore through this Notice call upon you ______________.

A copy of this legal notice is retained in my office for further necessary action.
ADVOCATE NAME
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LEGAL NOTICE AND AFFIDAVIT

AFFIDAVIT
An Affidavit is an oath, declared to be true and one should present before a
Magistrate or an authorized officer. It is in a written statement, used to prove the
truthfulness of a statement in court.

Use these tips and example sentences to get started:

· Grammar: Write in the first person. This means that you use “I “ statements.
For example, I saw the red Honda Accord run the stop sign at Main and First
Streets. It hit a green Toyota pick-up truck on the passenger side.
· Introduction: Affidavits typically begin with a brief background of the writer
and the reason for crafting the affidavit. This section includes your full legal
name, your occupation, and your address first. Then, you will include one or two
sentences about why you’re writing the affidavit.
- For example, My name is Bob Jones. I am a licensed electrician and I live
at 1234 Main Street in Any Town, State. I am writing this affidavit because I
witnessed a car accident between a red Honda Accord and a green Toyota pick-up
truck right in front of my house when I was getting ready to leave for work on the
morning of June 8, 2020.
· Stick to the facts: An affidavit isn’t about your opinion. It’s about facts. In
general, one fact per paragraph is advisable. However, the number of facts to
include in your affidavit depends on the situation. For example, an affidavit
confirming your identity requires fewer facts than one used because you
witnessed a car accident. Using our previous example, Bob would list facts about
what he saw. He would not include opinions if he knew either driver and didn’t
like one of them.
· Affidavit Writing Process
- Identify the type of affidavit you need; for example, is it for legal needs or
personal reasons?
- Write the heading/purpose for the affidavit. If the affidavit is a sworn
statement, be sure to include the name and address of the person giving the
testimony (the affiant) in the title (e.g. “Affidavit of John Smith”).

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LEGAL NOTICE AND AFFIDAVIT

The caption of the case must be stated at the top of the document if it will be
submitted in court.
- Write the names and addresses of the parties involved, if you have that
information. Even if you know a name and not their address, make sure that you
still provide the information you do have.
·.Your opening sentence must be in the first person (an “I” statement such as the
example used above) and state that the affiant is swearing under oath that the
information contained in the statement is true.
· Write statements that can be supported by facts next.
· Finally, it’s time for the signature of the affiant and the date.
Notarization
A notary serves as an impartial third party who can legally verify the identity of
the persons involved in an affidavit. When meeting with a notary, they will
require you to provide a legal form of identification.

FORMAT

I, _____________son/daughter of _____________resident of_____________________ do

solemnly declare and affirm as follows.
1. That I ____________
2. That I am competent to sign this affidavit on behalf of the company mentioned at serial
one above.
3. That I______________
4. That we hereby ________________

DEPONENT

VERIFICATION:
Verified at _______________, this the ______ day of __________ 20_. That the contents
in the above affidavit is true and correct to the best of knowledge and belief. No part of
this affidavit is wrong and nothing material has been concealed therefrom.

DEPONENT

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Any unauthorized use , circulation or reproduction
shall attract suitable action under applicable law.