How to Write a Witness Affidavit

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Affidavits are documents used for many different purposes. A witness affidavit is a sworn statement made by a person regarding a court case. When a person creates a witness affidavit, she writes out her testimony regarding the court case. Someone, such as an attorney or notary public, signs the affidavit as a witness proving that the person writing the statement was actually indeed the person whose name is stated as the writer of the testimony. A witness affidavit is considered an oath after it is written, signed and witnessed.

Determine the need for the testimony. Witnesses in a court case often either appear in court to offer their testimony or they prepare an affidavit. One common reason lawyers ask for witness affidavits is to prevent the witness from changing his testimony at a later point in the case. After the witness creates this affidavit, it is used as part of the court proceedings and is considered a valid, binding statement. The witness who prepares the affidavit may still be required to appear in court.

Write your testimony. If you are asked to prepare this statement or if you willingly offer to, the process of writing it is very simple. Write down the details regarding the case from your perspective. It is important to begin the statement at the beginning of the story and work your way through the story. It is easier for the court to understand a statement that is written in chronological order.

Include specific details. When you write a witness affidavit, include as many details as possible. This includes dates, times, names and events. Do not leave any parts of the story out, even if they seem unimportant or irrelevant.

Review your statement for completeness and accuracy.

Take the statement to a notary public or your attorney. This person will sign the statement, thereby witnessing that you are the person who wrote the document. This signature also is a sign that you willingly wrote the words of the document without being pressured into it in any way. Check with your attorney or notary to verify that you don't actually have to write the affidavit in front of her. In most cases, she will simply verify when she signs that you swear you are the writer of the affidavit and that the information contained within it is true. She will ask you to prove your identity, which is generally accomplished through showing a driver's license or other valid form of ID.


About the Author

Jennifer VanBaren started her professional online writing career in 2010. She taught college-level accounting, math and business classes for five years. Her writing highlights include publishing articles about music, business, gardening and home organization. She holds a Bachelor of Science in accounting and finance from St. Joseph's College in Rensselaer, Ind.

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