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How to Write an Affidavit: Your complete tutorial 18 June, 2019   

When it comes to dealing with the term ‘Court,’ everything gets a whole lot complicated. To start up a case, people are requested to submit affidavits which should contain all the required information. But, it is not as simple as it sounds like. It is important to know "how to write an affidavit" to make your case better and persuasive.

But before getting into technical terms first let us cover some basics. These basics will help us to understand and grasp the topic easier.

What is an Affidavit?

An affidavit is a formal statement written by the applier to state the facts and pieces of evidence and the incident the case is about. Affidavits are treated as evidence for any case.

It is very important to provide one that satisfies all the conditions and regulation regarding it. Any affidavit that is filed in the court can affect your case both positively and negatively.

There are several types of affidavits, and each has its own role and importance in the law. The most common type of affidavits is Affidavit of Heirship, Financial Affidavit, Child Custody Affidavit, Small Estate Affidavit, Affidavit of Support, etc.

Why is the affidavit Important?

Affidavits serve as a spine or core to any court case or complaint.  Thus, its importance is paramount. The facts and statements provided in the affidavit are the elements that form the entire case.

It is important to form it with prime caution as the oral statements are only considered when the Judge allows. It is otherwise the affidavit which will serve as the evidence which can affect both for and against your favor.

When are we supposed to file an Affidavit?

It is important to understand when an affidavit is required and when not. This set of document is something with which one should not toy around. The needs of official affidavits are required in several conditions. These conditions are given below:

In the Family Court: The one who files a complaint or suit under the jurisdiction of family law, are required to submit an affidavit. With the affidavit, there must be an interim application attached to it. The response of the court is also considered. So preparing the affidavit with caution is advised.

In the Federal Magistrates' court: When it comes to Federal Magistrates' court, there are many documents in the form of an affidavit that are required to be submitted in the designated period. These documents are applicator's application, courts response (both for interim and final order). The Federal Magistrates' court provides a blank affidavit form too. This form can be filled by individuals who are applying.

Apart from these two, there are forms for every department that is to be filled by the individual who is applying.

How to write an affidavit?

So, as now we have covered up most of the relevant information about the affidavit and its uses. Let us see "How to write an Affidavit?” But again we have to divide this process into two parts; the first part will include all the basics and the second part will cover how to write the statement for the affidavit. Let's start with the first one.

1. Including the basics for the affidavit

This part of how to write an affidavit will cover information that plays a major role and sometimes becomes the key to the verdict.

a. Insert the case Caption: this marks the beginning of the affidavit, the top of the affidavit is known as the Case Caption. Formatting of the case caption will define whether or not the affidavit will be recognized by the prosecutors, legal clerks, and the attorney. The things you should know here are:

    i. Start from the centre and write the heading of the court venue, i.e., ‘order of the court' of ‘name of the country/state/city.'

    ii. Next comes the name of the plaintiffs and the defendants, these names are positioned below the first heading, and     it should cover the name of all the people who are involved in the case. These things are to be written on the left side

    iii. At last write, the case number and its position will be under the case caption on the right.

b. Title of the statement: This page contains a plain and simple ‘Affidavit' written in the centre. If your document does not contain a case caption, then this will be marked as the first page of the affidavit and hence should be written neatly.

c. Information about the place: this page will contain information regarding the state and country where the people related to the case will appear on. These texts are to be aligned towards the left of the page.

d. Identify the Commencement: Commencement or Affiant is that part of the affidavit where the full name and information about the person who is making the affidavit is provided. The format of this part should be something like, "Comes now (applicators' Full name) and states as follows."

e. Include relevant personal information: provide as much information as you can about you and the person who is this affidavit for. In this part there are several things that you can include, that are:

    i. Address: here the address of the maker will be written or if the affidavit is centered towards someone other than     the maker, then it will have their address too.

    ii. Age and date of birth: All the information about age and date of birth of both the affiant and the regarding person.

    iii. Occupation details: this part will contain the information regarding affiants' occupation. Its address, contact     information, etc.

    iv. Relationship details: this will be required only when the affidavit is centered towards some other being than the     affiant.

2. Writing the statement

As the name suggests, this part is all about writing the information that will become the evidence. This part comprises:

a. Describe the Facts: In this, describe all the facts and information's about the case. Write about you, the documents that you may include any every other thing that might be in the affidavit. But, make sure to write all of this in the form of points.

b. Statement of truth: write this part of the affidavit with prime caution as these marks your oath towards the facts and data in the affidavit.

c. Create a signature block: use this block to do your signature; this signature should be similar to the one you use in your bank account and other places. In case the affidavit is centered towards a minor, he or she should also sign it.

So, this covers our topic on how to write an affidavit without the help of any legal consultants'. The task is simple; all it needs is some caution and the documentation that can prove its truthfulness.

As there are numerous types of affidavit writing, make sure to include all the points that will help the judge and attorney to form a clear opinion about the evidence it will form.

Affidavit Civil law Family law Federal Law Affidavit declaration Agreement

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HEMANT AGARWAL - Good understanding of a Basic Affidavit.

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