Affidavit Writing Lecture

AFFIDAVIT
WRITING
What is an affidavit?
AFFIDAVIT
is
a
written
sworn statement of fact voluntarily made by an
affiant or deponent under an oath or affirmation
administered by a person authorized to do so by
law. Such statement is witnessed as to the
authenticity of the affiant's signature by a taker of
oaths, such as a notary public or commissioner of
oaths.
COMPLAINT AFFIDAVIT:
A complaint affidavit is a sworn statement
prepared by someone who wishes to file a legal
complaint. Such statements are filed when people
wish to file suit against someone for a violation of
the law.
A complaint affidavit becomes the basis for the
case, providing basic information about the facts
of the matter and outlining the nature of the
case. This document is part of the court record
maintained on the case and can be inspected by
anyone reviewing the record.
What to say in an affidavit?

The three most important rules about what you
say in an affidavit are:
1. Everything you say in your affidavit must be true
to the best of your knowledge.
2. An affidavit must contain only facts.
3. The information in your affidavit must be relevant
to your case.
Just the facts:

Only
include facts that you have first-hand

knowledge of. That means you can only describe
what you saw, heard, did, or said.
( Dont include hearsay evidence)
If any of your sentences start or could start with "I
believe that" or "I think that," don't include them.
Opinions are allowed only if they're provided by
an expert (for example, a mental health
professional or an accountant).
Keep it relevant:
The information in your affidavit must be
relevant to what you are asking the
Court/Office of the Prosecutor to decide on.
Although you start your affidavit with a
general background section, you don't need
to include all the details about the case and
the arguments you've had.
In a court case, information is considered
relevant only if it can be used to prove or
disprove an important fact or issue in your
case.
Some other important tips

Remember
that your affidavit is not intended

to tell the Prosecutor/Judge what conclusion
to reach. Rather, it must persuade the
Prosecutor/Judge to come to the same
conclusion that you did, based on the facts
that you put into your affidavit. Here are
some tips to help you do that.
1. Use plain language

You don't need to use complicated or legalsounding language. Write simply and use
short sentences.
2. Be brief and to the point

Keep your details concise and directly related to what you
are asking the Prosecutor/Judge to order.
3. Be organized and clear

- Number each paragraph and list facts in chronological
order (in the order they happened) or by topic. Put one fact or
piece of information in each paragraph. Use our fact sheet
Checklist of information to include in an affidavit or present in
court
to help you organize your information. Headings and
subheadings can be helpful.
- Check over your affidavit for spelling mistakes or typos. If
you have handwritten your affidavit, the judge must be able
to read your writing.
- Make sure the pages are numbered.
4. Be precise
Think about who, what,
when, where, and how.
Provide exact dates and
dollar amounts wherever
possible. If you can't be
exact,
make
your
best
estimate.
5. Be balanced
The
Prosecutor/Judge will be more likely to

accept your evidence if it is balanced and fair.
Avoid melodramatic or inflammatory language.
Avoid words like "always," "never," or "all the
time." Don't exaggerate or provide only the
information that supports your case. Don't guess
about someone's state of mind. Be careful about
making accusations about lying or stealing.
Be wary of making false statement because this
will lead you to facing criminal charges for
perjury or false testimony.
Exhibits
If you want the Prosecutor/Judge
to see a document that is not an
affidavit
like
a
bank
statement, letter or any other
evidence you must refer to it
in your affidavit and then attach
the document to your affidavit as
an exhibit.

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AFFIDAVIT

What to say in an affidavit?

Just the facts:

include facts that you have first-hand

Some other important tips

that your affidavit is not intended

1. Use plain language

2. Be brief and to the point

3. Be organized and clear

Prosecutor/Judge will be more likely to

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