An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant), and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.
One use of affidavits is to allow evidence to be gathered from witnesses or participants that may not be available to testify in person before the court.
Some types of motions will not be accepted by a court unless accompanied by an independent sworn statement or other evidence, in support of the need for the motion. In such a case, the court will accept an affidavit from the filing attorney in support of the motion, as certain assumptions are made, to wit: The affidavit in place of sworn testimony promotes judicial economy. The lawyer is an officer of the court and knows that a false swearing by him, if found out, could be grounds for severe penalty up to and including disbarment. The lawyer if called upon would be able to present independent and more detailed evidence to prove the facts set forth in his affidavit.
An Affidavit is equivalent to sworn testimony.
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"Affidavit".
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