What is an Affidavit?

An Affidavit is a notarized sworn statement, which can be used for nearly any reason in support of a parties position in a court case. When you execute an affidavit, you are attesting, under oath, that the written statements in the affidavit is true and correct. 

When are Affidavits used?

Affidavits can be used for many reasons, but they all share a common trait: the person signing is making a declaration, under oath, that what’s in the affidavit is true to the best of their knowledge and belief. Here are some common types of affidavits and what they’re used for:

In support of your case:

Although a court trial usually involves witnesses appearing in court to give oral testimony, there may be situations where affidavits are used. For example, an affidavit is typically filed in support of a motion for attorney’s fees. The affiant, usually the attorney, will submit an affidavit stating the amount of hours works and the hourly rate. In the same example, the client may file an affidavit stating the amount of fees paid throughout the case. 

When a witness is unavailable: 

There are certain situations where a Court may allow an affidavit of a witness who is unavailable to testify at trial or at an evidentiary hearing. 

Courts are more lenient in allowing affidavits for motions and hearings that do not necessarily require testimony. Example: an affidavit submitted in support of a parties’ Motion for Summary Judgement. A hearing on such motion does not require testimony; and the court permits affidavits made by a party and/or witness attesting to the validity to the facts alleged in the case and/or exhibits filed.