An affidavit is a sworn statement used for multiple purposes. Sometimes, judges allow the use of affidavits in lieu of testimonies during court trials. In order for an affidavit to be used in court, it must legally be completed correctly. A person who obtains an affidavit must write a statement and have it witnessed by a notary public. This statement contains the person's oath and holds up in court the same as a testimony does.
Determine the need for the testimony. If you are involved in a court case and are asked to testify, there are several valid reasons to offer to submit an affidavit instead of personally testifying in court. You may live far away from the trial or you may not be able to miss work. Another reason is you do not want to see the defendant in the trial and are worried about the interaction that might occur.
Ask the lawyer involved in the case if you can submit an affidavit in lieu of a testimony. The lawyer involved in the case will be able to tell you if this option is satisfactory.
Write your statement. A person who writes an affidavit is called an affiant. When the affiant writes her statement, it is important to remember that this statement is a sworn statement to be used in court. If the affiant provides false information, the court considers it perjury and can take legal action against the person. In the statement, tell your side of the story regarding the court case. Be clear and offer all of the details that you know regarding the case. It must be completely factual as well.
Take the statement to a public notary. In order for the court to accept an affidavit in lieu of testimony, it must be notarized. When a document is notarized, the public notary is witnessing that the person who signed the statement is indeed the correct person. A public notary requires the affiant to prove his identification prior to notarizing the document. After the statement is notarized, it contains an embossed seal.
Deliver it to the court. After the affidavit is notarized, you can give it to the lawyer involved in the case or deliver it to the courthouse.