To know how to write an affidavit, it is important to first know what an affidavit is and for what it is for.
It is a document if a statement made under oath claiming a fact or a series of facts, that are truthful according to the “affiant’s comprehension.
This statement is required from Courts or other government agencies as an aid on procedures, like litigations, divorces, custody battles and other cases. Affidavits are often sworn to a Notary Public or another officer of the states that have the authority to administer an oath.
Keep in mind that an affidavit it’s a sworn statement an if its results to be a false one, the affiant could face criminal charges for perjury for giving a fake declaration under oath.
Types of affidavits
Name change affidavit
This kind of affidavit it’s needed when a person changes his or her name because he or she adopts the spouse’s last name, so the affidavit it is to prove that the two names belong to the same person. The affiant can swear to that fact.
Financial Affidavit
This document is frequently required in cases of divorce, to proof the annual income and assets of the parts.
Death affidavit
It is used when a person needs to testify to another person’s death. It works as a death certificate.
Affidavit of heirship
When a person dies the affidavit deals with proving the assets, property, and liabilities of the family member who died.
Identity theft affidavit
When a person was a victim of identity theft or suspect of it, an affidavit can help to solve all the issues related to that situation, to proof to whom identity really belongs too.
Affidavit of support
This document can prove that an immigrant can financially support themselves or with the help of a family member or spouse.
Age declaration affidavit
In case of a misplace birth certificate; you can make an affidavit to prove your age. This can help you to give evidence of your lost birth certificate and your identity data, such as name and age.
Affidavit of child custody
In the case of a divorce procedure, this type of affidavit is used by both parts to explain who an why should get the child custody.
Affidavit of inheritance
When a person dies and has properties, liabilities or assets that left on inheritance to family members or otherwise, the affidavit it’s used for an executor who is going to attest that the deceased person left his or her property to some beneficiaries. Also, know as a Small Estate Affidavit. This affidavit will help to pace up the process.
Residency affidavit
To evidence a person’s home address to pay the taxes or to open a new business.
After you clarify the kind of document you need, you can start to write an affidavit. Go online to check the requirements on how to write an affidavit http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section3006&num=0&edition=prelim
Case title or caption to write an affidavit
The first thing take into account to write an affidavit if it is going to be submitted in court, is that on the head of the document has to be the case caption and case number; this will help the attorneys, prosecutors, and legal clerks to identify it.
The heading has to be centered and it must appear the court venue. For example the Supreme Court of New York.
Following you must write the names of the defendants and plaintiffs, below to the left of the heading; and the case number to the write, also below the heading. It must also include the county and the state.
If the affidavit is a sworn statement the full name of the person giving testimony (the affiant) must appear on the title. At the end of the caption write the word “Affidavit” centered on the page.
First paragraph-personal information
On the first paragraph, you will need to write the affiant personal information such as:
Address
It is important in cases when the person has to live in within a state limits.
Age and date of birth
This is required because in some cases the person has to be an adult or have reached the age of 25 to receive an inheritance.
Occupancy
If the person is giving testimony as an expert it is important to acknowledge his or her profession.
Residency or immigrant status
In the case of the application of citizenship or residency, it must be specified. Check this link for a citizenship or immigration affidavit https://www.uscis.gov/sites/default/files/files/form/i-134.pdf
Relationship with the litigant’s parts
To know why his or her testimony is relevant to the case.
Write an affidavit statement
The opening sentence has to be in first person and state that the statement is made under oath or the affirmations made on the affidavit are truthful.
Each fact must be separated by paragraphs or make a paragraph with a small number of facts. Determinate the importance of the facts and make a list by relevance, arrange them coherently and by number.
Use only the information that you know by first hand. That you know for a fact. Do not make assumptions or use information supplied by others.
In case of having physical proof of the statement, you can annex it and refer it in the document as “Exhibit 1,2,3 or Exhibit A, B, C”. It can be lettered or numbered.
Explain and illustrate facts providing names, dates, addresses and any information considered as relevant.
Complete the statement
Write a statement to make clear that all the facts listed are complete and true and that you swear by it. This will ensure that the affidavit is not partial and includes all the information that you manage on the matter.
On the United States, it is frequently used the sentence “Further Affiant sayeth not” to finish the statement.
Spell out the oath
When a person makes an affidavit in the U.S it spells “Under pains and penalties of perjury”, this means that the person can be charged if he or she lied under oath or made a false statement, this could mean prosecution and imprisonment.
Create a signature block
The signature block is a space to sign in front of the notary and with the affiant printed full name below
The court clerk or Public Notary signature block.
At the bottom of the affidavit, you will have to include a signature block for the court clerk or the Public Notary or an official who is authorized to administer the oath.
The signing and stamping will the presence of the assigned official and the affiant.
Take in the regard that you have to present government-issued identification to corroborate identity.