Affidavits: List of Affidavits Documents

An affidavit (/ˌæfɪˈdeɪvɪt/ (About this sound listens) AF-i-DAY-vit; Medieval Latin for he has declared under oath) is a written sworn statement of fact which is voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath or penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.

There are various occasions or circumstances when a person needs an affidavit for a specific purpose and for that reason there are multiple as listed below:[10]

Affidavit of Death
Affidavit of Heirship
Affidavit of Identity Theft
Affidavit of Name Change
Affidavit of Small Estate
Affidavit of Support
Affidavit of Residence
Affidavit of Service
Divorce Affidavit
Financial Affidavit
Marriage Affidavit
Divorce Affidavit

Affidavits may be written in the first or third person, depending on who drafted the document. The document's component parts are typically as follows:

a commencement which identifies the "affiant of truth",[1] generally stating that everything in it is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying that the affiant made oath and the date;
signatures of the author and witness.
If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

In American jurisprudence, under the rules for hearsay, admission of an unsupported affidavit as evidence is unusual (especially if the affiant is not available for cross-examination) with regard to material facts which may be dispositive of the matter at bar. Affidavits from persons who are dead or otherwise incapacitated, or who cannot be located or made to appear, may be accepted by the court, but usually only in the presence of corroborating evidence. An affidavit which reflected a better grasp of the facts close in time to the actual events may be used to refresh a witness's recollection. Materials used to refresh recollection are admissible as evidence. If the affiant is a party in the case, the affiant's opponent may be successful in having the affidavit admitted as evidence, as statements by a party-opponent are admissible through an exception to the hearsay rule.

Affidavits are typically included in the response to interrogatories.[5][6] Requests for admissions under Federal Rule of Civil Procedure 36, however, are not required to be sworn.[7][8]

When a person signs an affidavit, that person is eligible to take the stand at a trial or evidentiary hearing. One party may wish to summon the affiant to verify the contents of the affidavit, while the other party may want to cross-examine the affiant about the affidavit.[9]

Some types of motions will not be accepted by the court unless accompanied by an independent sworn statement or other evidence in support of the need for the motion. In such a case, a court will accept an affidavit from the filing attorney in support of the motion, as certain assumptions are made, to wit: The affidavit in place of sworn testimony promotes judicial economy. The lawyer is an officer of the court and knows that a false swearing by him, if found out, could be grounds for severe penalty up to and including disbarment. The lawyer if called upon would be able to present independent and more detailed evidence to prove the facts set forth in his affidavit.

An affidavit of eligibility protects the rights and responsibilities of both the winner and the organizer of any contest.

An affidavit of eligibility is a document that enables a person to declare that he is the winner of a certain competition or race. Whether you are taking part in a competition or organizing and sponsoring a contest, you should know the essence of an affidavit of eligibility. Without filling this affidavit the winner cannot claim his price. Also, the organizer of the contest never gives the prize to the winning person without the affidavit of eligibility.

Affidavit of Small Estate

Like every other important decision, marriage requires a complete paperwork under legal laws and regulations. While getting married, a Marriage Affidavit is one important paper you need to make and have a copy of it.

Affidavit of Service is one of the important legal papers in the court function. Without its availability, the court won’t precede the hearing and judge any matter.

Financial Affidavit or the Financial Disclosure Affidavit is one of the important legal papers swearing the financials of the party signing the affidavit.

Residency Affidavit is a type of an affidavit on which an affiant states the current residence address. It is very necessary for those people who yet don’t have proper proof of their residence. Affidavit of Residence is a document that should be notarized. That means, it should be signed by a notary public. A Proof of Residence Affidavit is used in different situations. Affidavit of residence may be required for registering your stay in a specific area to admit your child to a public school in a particular district.

In case you’re sponsoring your spouse, or any other relative, to live in the United States permanently, then you must agree to take the legal authority of supporting this person financially. When you take this responsibility, you become a legal ‘sponsor’, and you’re required to complete and sign a legally binding document as an evidence of your financial stability. This document is known as an affidavit of support, or the form I-864.

Divorce Affidavit is a kind of affidavit document on which both spouses take an oath about their will to call off their marriage legally.  Both of the spouses may also be required to file another financial affidavit in order to divide the financial properties between them. A marriage affidavit is signed at the time of marriage to register the marriage legally and this marriage can be called off legally if one wishes to proceed in a court by filing an affidavit of divorce or contested divorce affidavit.

A letter that is issued to an individual and organization to stop and abstains from doing an act in the future is known as a Cease and Desist Letter. The Letter is issued due to the receiver’s transgression on the sender’s rights or issues related to intellectual or copyrighted property’s ownership.

Domestic partnerships are quite beneficial as they can legally benefit two individuals who are not married to each other or anyone else. Benefits such as access to an insurer, employer and hospital visitation rights are granted to domestic partners.

In a Debt Acknowledgment, an individual specifies a borrowed amount from another individual. Fill debt acknowledgment form from our free template

The indemnity agreement is a legal contract of loss, damage or burden settlement between ‘companies, firms or businesses’. The compensation settlement clause can also be written in indemnity agreements for any possible damage or loss.

The car sale agreement is a legally binding agreement also defined as a bill of sale for car. This bill of sale records the transaction involving a vehicle.

A prenuptial agreement is entered into by two individuals who wish to get married but do not want to combine their wealth and assets or owe any of their wealth or property to the other individual in case they wish to get separated and file for a divorce in the future.

Articles of incorporation are also defined as the corporate charter or the certificate of incorporation; it is a legal document that provides evidence of the existence of a firm or corporation in a country. The articles of incorporation are filed at the office of the state secretary of the company registrar office.

Termination of lease agreement form is used by either the landlord or the tenant of a rental property when they wish to end the Lease Agreement Contract before the agreed length of lease period has been reached. It acts as formal notice towards the other party to inform them about their request for termination of the Agreement.

The assignment of tradename agreement is used by two parties who want to engage in a transaction regarding a Trade Name such as the business name of a brand, company or product and informs both parties about what is included in the transaction such as all the payments involved, the rights to ownership transferred and the other terms and conditions for the transaction.