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Taking of an Affidavit – Generally

An affidavit is a statement made under penalty of perjury by personally swearing to or affirming the truth of the statement made.

Three elements are required for the making of an affidavit:  an officer, the affiant, and a written document.  The affiant must swear to the officer that the information in the written document is the truth to the best knowledge of the affiant.  The written document is then signed by the affiant and certified, or notarized, by the officer.

State laws control when and how an attorney may administer such an oath to his or her client.  Generally, any person who takes an affidavit must be duly qualified and should be independent of the parties and their representatives.

An affidavit may be taken any day of the week including Sunday.  Affidavits are often drafted by attorneys or are set out in established forms.  An affiant should always sign an affidavit in the presence of a notary.

Inside Taking of an Affidavit – Generally