AFFIDAVIT An affidavit is a statement made under oath that some fact, or set of facts, is true to the best of the

knowledge of the person signing the affidavit, or the affiant. Affidavits are commonly used to transfer property and provide sworn statements to Courts and other government agencies. To write an affidavit, follow the steps below:

1. Determine the appropriate title and/or caption for the affidavit. The title should include the name of the affiant, for example, Affidavit of John Joe. If the affidavit will be submitted to a Court in a specific case, it should include the case caption at the top, and the title below that. The case caption in a lawsuit can be found on any of the pleadings that have been filed with, or will be filed with, the Court, and includes the county and state, the names of the parties, and the case number. 2. Determine if any personal information about the affiant should be included. Certain types of affidavits require information about the affiant, other than this or her name. This information may include:

The address of the affiant. If the address of the affiant is important to the facts that will be described and sworn to, it should be included in the affidavit. For example, when signing an affidavit of residence for the Bureau of Motor Vehicles (BMV), so that your child may obtain his or her drivers license, as a resident of your state, you are swearing that he or she lives with you within the state. Therefore, your address is important to the facts of the affidavit and should be included.

The age or date of birth of the affiant. The age and/or date of birth of the affiant should be included in the affidavit if it is relevant to the subject matter of the affidavit. For example, when circumstances require that the affiant be a certain age, such as when inheriting from a trust fund that requires him or her to have reached the age of 25 to receive the inheritance.

The occupation of the affiant. The occupation of the affiant should be included when the affiant is signing as an expert or qualified person. For example, a doctor testifying in a malpractice case as an expert witness or a mechanic certifying the cost of repairs to a car.

The immigration status of the affiant. When providing an affidavit to support an immigration petition, you should include the affiants own immigration status.

The relationship of the affiant to the litigant(s). The relationship of the affiant to one or more parties involved in a lawsuit should be included when the affidavit will be used in connection with the suit. 3. Write an opening sentence. The opening sentence should be in first person and should state that the affiant is swearing or affirming the information in the affidavit. For example, I, John Doe, swear or affirm. If your affidavit will be submitted to a Court, the proper terminology would be, Comes now, John Doe, having been duly sworn, and says. 4. Describe the facts to which the affiant will swear. You may include as many or as few facts in an affidavit as necessary. When describing the facts you should:

State each one in a separate paragraph. Each paragraph of the affidavit should include one fact or a small number of facts if one cannot be stated alone.

Number your paragraphs. This will make for easier reading and reference in Court or other documents.

Describe each fact clearly and concisely, providing names, dates, addresses, and other supporting information as needed.

Reference supporting documents, photographs, or other tangible paper items which can be attached to the affidavit, and attach them. For example, if describing a photograph in the affidavit, state that a copy of the photograph is attached and marked as exhibit A then write exhibit A on a copy of the photograph and staple it to the completed affidavit. Exhibits may be lettered or numbered, whichever you prefer, and should be labeled according to the order in which they are mentioned in the affidavit i.e. the first exhibit mentioned should be labeled A or 1, the second B or 2, and so on.

5. Make a clear statement that the affidavit is a complete representation of the facts to which the affiant is swearing. This is to ensure readers that the affidavit is not a partial statement and that it includes all of the information the affiant has on the subject. It is common in the U.S. to end an affiants statement with the sentence, Further affiant saith not.

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6. Spell out the oath that the affiant is taking. An affiant in the United States generally executes an affidavit under pains and penalties of perjury. This means that the affiant may be subjected to perjury charges if he or she makes any false statement within the affidavit.

7. Create a signature block. Provide a space for the affiants signature, with his or her typed or printed name below, and a space to fill in the date of signing.

8. Include a notary signature block. An affidavit must be signed by the affiant in front of a notary and include the notaries signature and stamp.

EditTips

Be as brief as you can, while making sure to include all relevant information. Affidavit forms are often available at a county courthouse in the circuit clerk's office. These forms simplify the process by clearly detailing all necessary information. You can also find a sample affidavit online here.

By signing the affidavit, the subject is making an oath of honesty. All facts within the document must be true. If they are found to be false, the person making the statement may be punishable by law and guilty of contempt of court.

Sample Affidavit
AFFIDAVIT OF JOHN DOE 2 1 Name: John Doe Occupation: Mechanic/Owner of John Doe Auto Repair I, John Doe, swear or affirm: 3 1. That I am the Owner of John Doe Auto Repair, located in Madison County, Indiana. 2. That on November 21, 2011, Jim Jones (Mr. Jones) brought his 2010 Chevy Cruz to my auto repair shop for an estimate. 3. That Mr. Jones explained to me at that time that he had been in an accident and said that the other vehicle owner caused it, and that her insurance company would be paying for the repair. 4. That I have estimated the cost of repair to Mr. Jones Cruz to be $1,561.00, and that said estimate is attached as exhibit A. Further affiant saith not. 5

6 I SWEAR OR AFFIRM THAT THE ABOVE AND FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF. ________________ Date 7 _____________________________________ John Doe

STATE OF INDIANA COUNTY OF MADISON I, the undersigned Notary Public, do hereby affirm that John Doe personally appeared before me on the ___ day of December 2011, and signed the above Affidavit as his free and voluntary act and deed. 8 _____________________________________ Notary Public