How to Write an Affidavit for a Minnesota Court

By Jessica McElrath

An affidavit is a written statement of fact that the person who makes it must swear to under oath in front of a notary public or some other person authorized by law that the statements are true. In Minnesota, an affidavit can be used along with the filing of a motion, to prove service of process or to apply for a remedy in a variety of types of cases. You can use an affidavit provided by a Minnesota court, if available, or you can create one.

Draft the preliminary information of the affidavit. The affidavit must include the name of the parties in the case, such as Smith v. Jones, the name of the appropriate county, the case number, your name and your status as either the plaintiff/petitioner or the defendant/respondent and the purpose for the affidavit, such as the affidavit is in support of a motion for contempt. You must also include a statement that you are making the declarations under oath ("I, Sally Smith, state under oath the following . . .").

Draft the statement of facts. List and number each statement of fact individually. Each statement should only include one fact. For example, "I arrived at home at approximately 8 p.m. on July 15, 2008." Each statement should appear in chronological order. Appropriate statements relate to events that you witnessed or participated in. An affidavit should include facts and not speculations.

Draft the following statement: "Subscribed and sworn to me before this [day] of [month, year]." Insert lines in place of the bracketed language. The notary or the authorized person that witnesses your signature will fill in this section with the appropriate date.

Draft the signature lines. You must create lines for you and the notary public or authorized witness.

Sign the affidavit. In Minnesota, you must sign the affidavit in the presence of a notary public or a deputy court administrator.

About the Author

Jessica McElrath has been a freelance writer since 2000. McElrath is the author of "The Everything John F. Kennedy Book" and "The Everything Martin Luther King Jr. Book." McElrath has a Bachelor of Arts in history from the University of California at Berkeley and a Juris Doctor from Santa Clara University School of Law.

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