Defining Affidavit: Things to Consider for Business Lawyers in New York
When seeking legal counsel, it’s essential to select an attorney who understands local regulations3 min read
When seeking legal counsel, it’s essential to select an attorney who understands local regulations. In the context of an affidavit, local regulations directly inform the definition of affidavit and collateral related matters. While affidavit requirements and associated variables may vary from state to state, there are several common elements. Here, we take a closer look at the top five things to consider when defining affidavit, particularly in New York.
An Affidavit is a written document or statement that may be used as evidence in a court of law. In making a written statement, an Affidavit must conform to certainlegal requirements and include information, such as the signer's full name, signatures of witnesses, dates,and most importantly, facts related to the case. The individual signing an affidavit must attest that the facts are accurate and true.
When preparing an affidavit, the definitions of several key terms must be understood. An affidavit is typically prepared for use in a legal dispute, such as a lawsuit, and it is signed by a person called the affiant. It must also be notarized. The affidavit must be signed in front of a notary public, who then adds their signature and stamp verifying that the affiant has promised to tell the truth and has written or signed the affidavit.
The purpose of an affidavit is for an individual to state facts that are provable in a court of law. It is important to note, however, that an affidavit differs from an oath in that an affidavit is not a promise, but rather a written statement of facts provided to a court.
When considering the definition of affidavit, five key elements come into play.
1. Use of Signature
The affiant – or signer – must include their signature on the affidavit. Typically, the signature is notarized in front of witnesses, which further confirms and validates the accuracy of the statement.
2. Use of Witnesses
Two witnesses must be present when the affiant signs the affidavit. These witnesses must swear that the affiant has read and understood the contents of the affidavit. The witnessesmust also verify that the affiant voluntarily signed the document. In some instances, the witnessesare not required to sign or verify the affidavit themselves, but they must be present when the affiant signs.
3. Use of Notary Public
Notary publics are state-sanctioned public officers who are authorized to take affidavits in a court of law. Notarizing an affidavit requires the affiant to appear before the notary public and sign the document in their presence. It is the notary’s responsibility to ensure that the affiant is aware of the contents of the affidavit and that he or she is signing it freely and voluntarily.
4. Use of Current Facts
When signing an affidavit, the affiant must swear - or promise - that the contents of the affidavit are true and accurate. The affiant cannot include speculative or false facts, as doing so can lead to a criminal charge of perjury.
5. Use of Inferences
The affiant should not include any inferences or opinions in an affidavit, as their sole purpose is to provide facts that are relevant to a legal dispute. Any inferences or opinionsshould be reserved for written records, such as pleadings or court orders.
When working with affidavits and related documents, local laws and regulations must be taken into account. In New York, affidavits are regulated by the New York State Supreme Court Documentary Guidelines and issued from the Office of Court Administration. Moreover, affidavits should comply with the rules of civil procedure in the jurisdiction in which they are filed.
As the information presented in an affidavit can be used as evidence in a lawsuit, local laws and regulations should be consulted to ensure the affidavit is valid. Business lawyers located in New York should familiarize themselves with current laws and guidelines to provide the best possible advice to clients and ensure that any affidavits they review are accurate and valid.