Before we can learn how to write an affidavit, it is important to know what one is. An affidavit is a written statement, made only under oath, sworn to be true by someone who is legally able to accept the oath. Only actual facts are to be written in an affidavit. An example would be an eyewitness account of a burglary.
If you need to locate an affidavit form, you can find one at the courthouse. Just ask the Clerk of Courts for one and they will oblige you. Once you have the form, fill it out properly. If you need assistance writing an affidavit, they can help you. An affidavit that is already prepared will have headings and such making it easier to fill out than if you have to create one on your own. Only list the facts on an affidavit. You will find that you will need to fill out your name, address, date and usually the time followed by the facts. You will sign the affidavit after being sworn to tell the truth in front of someone that is legally able to accept it such as a lawyer or a judge.
If you have to write an affidavit that is confusing or one that is quite lengthy, it is advised to have the assistance of an attorney. You don’t want to make a mistake and have your affidavit and all the work you put into it thrown out of court on technical reasons. Writing an affidavit can also be quite simple and a mere matter of two or three lines. These you can do yourself, once again, only state the facts of the case.
When there is not a particular form for you to write an affidavit, you may find that you will need to manually create one. Following are some pointers for such a document.
When stating the facts, it is a good idea to number each fact individually. This enables the court to read it easier, and any attorney present to keep up with the activities of the court during trial. An alternative to this would be to have a header for each fact.
When inputting the details, try to separate each detail by a paragraph break. Once again, this makes it easier to read and keep up with, especially if it is a particularly long document.
No matter which form you have to write an affidavit, you will have to either swear to the truth of the affidavit, or affirm it. If you swear to it, you will be required to swear upon a holy book that what the affidavit contains is the truth. To affirm an affidavit, you must state that it is the truth both aloud and in writing, then sign your legal name to the document.
Writing an affidavit is particularly useful if filled out in entirety immediately after the event that has occurred. The sooner, the better, as human memories can fail or add details that really are not part of the actual circumstance.
