Amendment to Affidavit

An affidavit, like all other pleadings, can be amended.  Contents of an affidavit can be struck out or added.  Errors in the form of the affidavit can also be rectified by amendment.  For example, where the date of the affiant’s signature and the date of the notary’s attestation differ, the error is an amendable defect and does not make the affidavit void.  Similarly, a failure to sign an affidavit in the presence of a notary public is an amendable defect and does not make the affidavit void.

However, if the defect is in the substance of the affidavit, the court will have to allow an opportunity to amend the affidavit. The court may strike out hearsay testimony, legal conclusions, and irrelevant information without providing an opportunity to amend.

The court may also in its discretion extend the time for filing amendments to a defective affidavit.


Inside Amendment to Affidavit