Questions Legal

Who can sign an affidavit?

Airtract

Nupoor Mahadev

Keep going and never look back

An affidavit can be defined as a written statement that is specially prepared by any party or the witness. We can call it as one of the major ways in which we can present evidence (details about a case) in front of the court. The affidavit which you will file in the court will help to support the case and need to be served to all parties, which also includes an independent lawyer for children (if appointed). There are different elements or components of an affidavit which you must know before you prepare it to sign.

Written format statement 
It should be a statement that is written. Oral statements are not part of the affidavit. It is one of the evidence as per law and needs to be written.

Voluntarily
It creates a binding effect for a person who is making this type of affidavit, and so it needs to be voluntarily as well as cautiously made.

Oath
An oath is a promise about the concerned persons in actions, present, past or future.

Affiant
An affiant is a person who will be responsible for making an affidavit.

Notarised
It needs to be notarized mandatorily, without which it has no legal value.

Another way we can define an affidavit like a written form of court testimony. Every witness present in the court of law for any particular case, need to place their hand on the Holy Bible or other religious book based on the country and swear only truth will be spoken and nothing else. Just in a similar fashion, the affidavit is the swearing which is given in written format.  You take the oath, but write it on paper.

Now, who will be the concerned person who will sign the affidavit?

The person who will be making the affidavit (the deponent) will be responsible to sign the same. At the bottom of every page of the affidavit, the maker of the affidavit needs to sign and that too in the front of a witness or an authorized person, for example, lawyer also known as the Justice of the Peace. At the end of the affidavit there need to be certain information mentioned, which are:

  1. The concerned person making affidavit full name and signature
  2. Is it a sworn one or the affirmed one
  3. Place and date of signing the affidavit
  4. Complete name of the witnesses, his/her professions and their respective signatures.

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