If an individual is planning to apply in one of the Courts, then he/she may be required to make the filing of an affidavit. An affidavit can be described as a formal statement is given in written for setting the facts related to any particular case. The affidavit stands as the evidence for the case. It’s the prime way in which one can present evidence in front of the court. It needs to be sworn, or get affirmed, in front of Justice of the Peace, or solicitor, in shape of a true record.
When one is referring about specific writing for mentioning in any legal document, then it is very important to cite it. It’s very true especially in the case when the writing is part of the sworn statement, called affidavit. One of the simple and common ways for mentioning citations in some legal document is via the rules which are set out or mentioned in Bluebook (US).
Citing of an affidavit can be done in a very straightforward manner, and must be done when an individual is paraphrasing or quoting it directly straight from the legal instrument. If you check an affidavit citation you will find that it includes the last name of the affiant as well as the number of a paragraph from where the information is cited or available in the affidavit. The abbreviation used in the Bluebook for the affidavit is Aff.
In case you are in need of an affidavit for your court case or may be for any other type of legal reasons, then preparing one will be easy only when you are aware of the guidelines. It will be advisable for you to take help of a lawyer or a professional expert having expertise in affidavit writing. There are certain steps which are must for you to follow while drafting the affidavit and an expert can guide you better.
If you are a law student, then you should know that affidavits are cited in legal documents either generally or through quotation. To file an affidavit, you need to use the affiant’s last name along with the paragraph number where the information can be traced in the affidavit.
To break it in simple terms, affidavits are sworn statements that are made in front of the jury or the court. The oath taken by the individual is pen down in a paper that is then notarized to provide trustworthiness and validity. An affidavit can only include what the person heard, saw, said or did as it is related to the case. In other words, it can be said that an affidavit is used as a piece of written evidence that is presented in front of the judge.
An affidavit is often used to support arguments within the court. With the information provided in an affidavit, a judge can make a better and well-informed decision related to the case.
Citing an affidavit
As already mentioned above, an affidavit needs to be cited in a legal document. While citing an affidavit, you need to use the affiant’s last name and the paragraph number where the information can be traced in the affidavit. The short form for affidavit is Aff as stated in the Bluebooks. You are required to use the same abbreviation in the citation. This will indicate that you have referenced an affidavit.
When can you cite an affidavit?
The main purpose of legal citation is to find out the source of the statement. You can cite an affidavit in any given legal document any time when they are referenced. You can do so either generally or through quotation. Other court documents and filing that needs to be cited must include exhibits, complaints, answers, and depositions.
Features of an affidavit
Here are some of the main features of an affidavit:
1. An affidavit should always be presented in the form of writing.
2. An affidavit needs to be a declaration made by an individual.
3. It should be related to the facts as stated in the case.
4. It should be formatted in the first person.
5. An affidavit needs to be sworn before a magistrate or an officer who has the right to administer an oath.
After going through the discussion, the definition and how to cite an affidavit must be clear to you. To create an affidavit, you need to attain the majority and should also have an understanding of the contents that need to be sworn.