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What is an affidavit? Basically, an affidavit is a written statement that you swear is true and can be used as evidence. Although the phrase sworn affidavit is often used, it is redundant since an affidavit is by its very nature a sworn document.
affidavit
More information on the words discussed in the video, including sound files, examples of usage, common mistakes and encyclopaedic information, can be found in TransLegal's Legal English Dictionary.
Hello. Welcome to TransLegal's Lesson of the Week.
Today we're going to talk about affidavits.
Affidavits are written statements that you swear are true and can be used as evidence in court.
In the US, in particular, documents filed by lawyers are often required to be sworn.
When I was a prosecutor in New York City, I filed many affidavits in support of motions which stated the facts in the individual case. The opening paragraph of these affidavits read as follows:
"I, Robin Bernstein do solemnly swear under the penalties of perjury that the following facts are true to the best of my knowledge and belief."
Since I was the person making the affidavit I was called the affiant. And at the end of these affidavits there is a clause called a jurat certifying where, when and before whom the affidavit was sworn. Usually, affidavits are sworn before a notary public who then signs the affidavit and puts an official seal on it.
Although the phrase sworn affidavit is often used, it is redundant since an affidavit is by its very nature a sworn document and because it is sworn the affiant can be prosecuted for committing the crime of perjury, that is, lying under oath if he or she has told falsehoods in the affidavit.
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