Verified motions and affidavits are sworn and notarized documents used in court proceedings and supply facts outside of the record. Although very similar, subtle differences distinguish the two types of documents.
Verifed Motions
A motion is verified when a verification, a signed and notarized statement in which a witness swears that the facts presented in the motion are true, is part of the motion that contains facts that are not in the court record. Both motions and pleadings can be verified. Certain motions and pleadings, such as denials in an answer, require verification to be considered by the court.
Read More: Types of Legal Motions
Affidavits
An affidavit is a signed, sworn, and notarized document that contains factual statements that are outside of the court's record. The notary that certifies the affidavit must make sure the affiant, or person completing the affidavit, is competent to swear to the facts---he must be of sound mind and over the age of 18.
The Differences
An affidavit itself contains factual statements to which the affiant is swearing. It may also have authenticated exhibits attached to it if admissible in court. A verified motion, on the other hand, has factual statements within the motion, and a notarized verification in the motion swearing that the facts contained within the motion are true. Check your state's civil procedure guide and your local court rules to determine whether to use a verified motion or an affidavit.
References
- "O'Connor's Texas Rules, Civil Trials 2010"; Michol O'Connor and Byron P. Davis; 2009
Writer Bio
Based in Austin, Texas, Heather Monroy has been writing since 2001. Her work appears in the "Austin American-Statesman." Monroy holds a Bachelor of Arts in English and Juris Doctor, both from the University of Texas.