An affidavit is a statement indicating the content therein is true and can be used in legal proceedings. Affidavits are used in various scenarios such as verification of financial details, properties, business documents, death or birth verification, or as a witness.
Regardless of what type of affidavit one may need, there is some information that is always needed. It includes:
True and concise statements should be written in the affidavit as false information attracts harsh repercussions. According to California law, the affidavits must be signed under oath. It can be executed by a notary or certified agents such as judges.
Affidavits are governed by laws found under the 2009 California Code of Civil Procedure – Section 2009-2015.6.
The person who swears the affidavit is the one referred to as the affiant. They can also be referred to as the deponent.
An affidavit can be made by a witness, an expert in a relevant case, an applicant or plaintiff or a respondent/defendant. The affidavits are made to verify business documents, birth, and death, financial details, for witnesses in a case among other things.
Yes. All affidavits in California require to be sworn under the oath. They are executed by notary public or certified agents such as judges for confirmation of the veracity of the stated information.
The sworn statements are used in court proceedings or negotiations. Mostly, they are used in bankruptcy cases and family law. Where need be, they are used in criminal and civil cases.
Yes. The affidavit is created by a person of sound mind who signs the legal document by themselves and is sworn under the oath before a judge or by the notary public.
No. An affidavit is a sworn statement that confirms the statements are true under the oath. Declarations are written statements which the author believes to be true but are not sworn before a notary public or a judge.
Yes. The witness in the affidavit is the person who authorizes the statements to affirm that the sworn statements are true. In this case, it is either the notary public or authorized agents such as judges.
An affidavit can be used as evidence if it is testified. It cannot be used for evidence if there are objections because hearsay is not admissible as an evidence.
Yes. However, the affidavit should have been taken in any other state of the United States. It should also be taken before a commissioner appointed by the governor of California State.
An affidavit taken in a foreign country for use in California requires to be taken either before a consular agent of the United States, minister, ambassador, judge of a court of record having a seal in the foreign country, consul, or a vice-consul.
