The Requirements for an Affidavit

• An affidavit is a statement of facts committed to writing by an individual who has sworn an oath asserting the veracity of those facts. The oath or affirmation is made to a person determined by law to be qualified to receive such an oath. Typically, affidavits are used as a means of securing statements from individuals in a reliable format that is considered reliable, mainly for purposes of legal proceedings or character evaluations for admission to a state bar association or other professional licensing board.

Name and Signature of the Party Making the Affidavit

• The first requirement of an affidavit is the name and signature of the affiant, the person making a statement in the affidavit. This person is swearing under either an oath or affirmation that the statement he is making is the truth. The credibility of the statement is, in theory, bolstered by the fact that the affiant is subject to some sort of penalty in the event he has lied in his statement. The penalty varies significantly by jurisdiction and can include fines and/or jail time of several years. The harshness of these penalties reflect the importance that the American legal system places on the veracity of affidavits and sworn testimony in general.

The Statement

• The statement is the "meat" of the affidavit. This is typically a statement of facts; it is generally not appropriate for an affiant to discuss his opinions in the statement unless offering an expert opinion. Additionally, facts stated in an affidavit should be from the first-hand knowledge of the affiant, rather than second-hand knowledge, which may constitute hearsay.

Day and Place of Affiant's Signature

• The affidavit must include the day and place of the affiant's signature for the purposes of a time reference. Fact-finders may find it helpful to put an affidavit into context by considering where and when the statements within the affidavit were made. For example, an affidavit created and signed several months after the relevant event may be much less credible to a fact-finder than one created and signed within hours of the relevant event.

Name, Occupation and Signature of the Witness

• The affidavit must include the name, occupation and signature of the witness to the statement. Most states specify that this person must be legally capable of serving as a witness to an affidavit. This is typically a notary or an officer of the relevant court, such as an attorney. The affiant typically swears some sort of oath to the witness verifying the truth of what is asserted in the affidavit. In many states, falsely swearing this oath may subject the affiant to perjury charges.