Affidavit in Support

What is an Affidavit?

An Affidavit serves as a legally notarized statement that strengthens a party’s stance in court. When you execute an affidavit, you make an oath that all enclosed statements are true and accurate. In legal proceedings, you often use affidavits to support your position.

When are they used?

You use affidavits for numerous reasons, but all have a shared feature: the signer declares, under oath, that the contents of the affidavit are true to their best knowledge and belief. Let’s explore some commonly used affidavits and their purposes:

In support of your case:

Court trials usually involve witnesses testifying in court, but certain situations call for the use of affidavits. For instance, when supporting a motion for attorney’s fees, the attorney typically files an affidavit. This affidavit documents the number of hours worked and the hourly rate. Similarly, the client can file an affidavit, indicating the amount of fees they 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: a you may submit one in support of a 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.