Q:

What is an affidavit used for?

A:

Quick Answer

According to the Legal Information Institute of the Cornell University Law School, one common use for affidavits is as a means of presenting evidence in court. An affidavit is a declaration of facts that is made willingly and given under oath.

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Full Answer

The Free Dictionary explains that any affiant, by definition, makes an affidavit without having undergone cross-examination; this distinguishes affidavits from depositions, which are records of examinations of witnesses or parties. A deposition can either take place voluntarily or after the issuing of a subpoena. The basis of an affidavit lies either in the affiant's personal knowledge of the relevant issues or what the affiant believes she is able to state is true.

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Related Questions

  • Q:

    What is a legal affidavit?

    A:

    A legal affidavit is a printed or written statement prepared and signed by a witness or party before a court of law or some other authority that possesses the power to witness an oath. An affidavit has specific features and details that must be present, and must be in a form that is accepted by legal clerks, attorneys and prosecutors. Affidavits filed in court must be served to all parties.

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  • Q:

    What is included in a legal motion?

    A:

    A legal motion must include a first page called a Notice of Motion, an affidavit of support and any other material that may help the court make a decision about the motion, states NYCourts.gov. The Notice of Motion informs the opposing side the date of the motion's hearing, and depending on the court's regulations and the notice's delivery method, the notice needs to give the opposing side proper time to respond.

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  • Q:

    Where can you file a sworn affidavit?

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    A person can file a sworn affidavit with the court. This is done by either giving or mailing the affidavit to the court clerk. The clerk then adds appropriate documentation to the individual's court files, according to Pine Tree Legal Assistance

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  • Q:

    How do you file an affidavit of service?

    A:

    Generally, a plaintiff in a court case files an affidavit of service by filling out a written form provided by the court that details how court papers were delivered to the other party, having the person who carried out the service sign the form in front of a notary, and filing the form with the court, explains the New York State Unified Court System. Each court system has its own rules, so the procedure for filing the affidavit can change.

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