Questions Legal

What is an affidavit?


Payal Waqif

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An Affidavit is a very common and familiar legal term. It is evidence or a statement which is written or recorded as a proof or identity of someone’s existence. An affidavit is performed through the court and has authentic value legally. If you are performing any court proceedings or trying to present evidence, the affidavit has a great value.  

 Importance of Affidavit:

 A court case or trial is done between two parties, and both of them requires to know well whom they will present as the witness. In the same way, either party is also aware of the witnesses of the opposite party. An affidavit is required to prepare documents and records for the trial in the court. Based on the affidavit, the case prospect begins to improve, and it is easy to reach a judgment. 

How to produce an affidavit?

 Affidavits can cover various records, but the one you are presenting in front of the court should be related to the case itself. If the affidavits are not related to the case with the required evidence, then the witness will not be accepted. There may be lots of evidence while a trial is going on. It is not required to necessary to produce all of them on the same day. For the proper justice and need for the situation, many of the evidence can be produced later also within the proceeding or the trial.

How to write an Affidavit?

An Affidavit cannot be written by all as it has certain points to be followed. The one who is making this with respective evidence is a deponent. The person who makes an affidavit which includes the relevant evidence under oath is a deponent. A deponent requires to write his/ her name and signature at the end of the record. According to the rule of the court, deponents should include any of the persons like an expert, a defendant, a witness, or a plaintiff. 

There are certain rules for an affidavit. A deponent can write an affidavit only if the situation demands like the following: 

- If a situation is practically heard.

- If a situation is practically seen.

- If a situation is practically felt.

- If a situation is practically smelled.

- If a situation is practically tasted.

Read more:  Who can sign an affidavit?

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