Definition - What does Affidavit mean?
An affidavit is a legal instrument designed to secure the written testimony of an individual under oath, serving as a guarantee of relating pertinent and truthful facts for evidence in court proceedings. A deponent can include a field expert, a defendant or plaintiff, and a witness with direct knowledge of a scenario inclusive in the affidavit that requires official approval with pending cases; via signature by a court registrar, lawyer, notary public, and police officer (above sergeant level).
SureHire explains Affidavit
An affidavit is an indispensable component in litigious matters where building a case and its consequent outcome reflects the validity of a sworn statement made by the party(s) cited by the court. Hence, an affidavit provides relevant evidence where both sides in a legal dispute have mutual documentation devoid of contradictions that might otherwise arise during questioning or cross-examination. To avoid discrepancies, a lawyer will draft an affidavit for their client by gathering material that supports the facts of the case under the condition of having the deponent appear in court to vouch for the authenticity of their sworn statement.
In legal terms, annexures and exhibits are attachments to the affidavit, requiring the dual signature from the deponent and an official witness for cross-referencing provisions serving as legitimate evidence in court. In some instances, secondhand information, also called hearsay, is allowable, but since it centers around tentative knowledge from an external source, strict guidelines are in place to warrant its use in an affidavit for legal action. Businesses also employ affidavits in contract agreements that highlight details related to their organization, appending stipulations of products and services under their name where their reputation is subject to liabilities.
In the workplace, many employees who sustain an injury file for worker’s compensation claims. Depending on the circumstances, the employee may invoke another colleague to attest as an immediate witness under an affidavit to their accident. A lawyer can prepare an affidavit in a manner that coincides to federal and state laws coupled with inserting the right technical language to avoid inadvertent statements that might otherwise hold the party in question accountable.
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