Affidavits are written testimonies submitted by individuals to the courts in lieu of an oral testimony. Personal affidavits are formal and legal testimonies that provide truthful and factual information and evidence that is crucial to the case at hand. Once the affidavit is completed, you must have the document notarized by a court official before it will be considered a legal document.
Personally handwrite or type your affidavit for the court. Begin your affidavit by writing in the heading section in the top right-hand corner your first initial and last name, the number of the affidavit and the date you wrote the affidavit, so that the judge may easily identify whose affidavit she is reading.
Introduce yourself in the first paragraph of the affidavit. Include your full legal name, your occupation and your current address in this introduction. Enlighten the judge as to your purpose for writing this affidavit, and explain how you are personally involved with the case (as a defendant, petitioner or some other role). Express to the judge that all of the information submitted in this affidavit is factual and truthful, based upon your personal knowledge and observations.
State your testimony using a short and simplified tone to help the judge to discern what facts are important to the case. Write your testimony in chronological order and include specific names, times and dates that are relevant to the case. Proofread your testimony once it is completed and ensure your facts and statements are consistent throughout the affidavit. Attach any evidence you may have to the affidavit before taking it to be notarized.
Take your affidavit to a court official or notary public to be notarized. Swear under oath that all information you provided, including the affidavit and evidence, is truthful and factual to the best of your knowledge. Sign the affidavit in the notary's presence. Submit the affidavit to the court once the notary has signed and stamped the affidavit with your state's official seal.
- When writing about other parties in your testimony, always use names instead of pronouns, for clarity purposes.
- You must identify yourself at the beginning of the affidavit for it to be considered a functional legal document.
- Only include factual information that you yourself have experienced. Do not include testimony made by others unless they are directly involved in the case.
- Only submit facts that are necessary to the case. Including outside information can be misleading and confusing if added into your affidavit.
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