Affidavit for Court

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An affidavit for court is a document containing a statement from an individual swearing that certain facts or evidence are true. Similar to taking a verbal oath in court, the individual signing the affidavit (affiant) attests to the accuracy of the statement under penalty of perjury. Their signature is notarized to confirm their identity and the absence of duress and coercion.

Affidavit for Court

An affidavit for court is a document containing a statement from an individual swearing that certain facts or evidence are true. Similar to taking a verbal oath in court, the individual signing the affidavit (affiant) attests to the accuracy of the statement under penalty of perjury. Their signature is notarized to confirm their identity and the absence of duress and coercion.

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Last updated February 27th, 2025

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An affidavit for court is a document containing a statement from an individual swearing that certain facts or evidence are true. Similar to taking a verbal oath in court, the individual signing the affidavit (affiant) attests to the accuracy of the statement under penalty of perjury. Their signature is notarized to confirm their identity and the absence of duress and coercion.

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Common Uses

Written Testimony

Instead of appearing in court as a witness, a person can sign an affidavit to testify to something they know or have observed.

Supporting Requests

An affidavit can be used to demonstrate to the court that a motion or other request should be granted.

Summary Judgments

In lieu of appearing personally in court for trial, a person can file a waiver of appearance and testimony by affidavit for court with motions for summary judgment.

Requirements for a Court Affidavit

  • Court and Case – A court affidavit must indicate the court information (name, jurisdiction, county, and state), case number, and the parties involved in the case.
  • Affiant Information – The full legal name and address of the affiant must be included. In some courts, their occupation and relationship to the case may be required as well.
  • Statement and Facts – The document must contain the facts that the affiant is swearing to and a declaration that they confirm the legitimacy and truth of those facts.
  • Signature and Date – The affiant must sign and date the affidavit to solidify their oath.
  • Notarization – A notary public must acknowledge the affiant’s signature, and sign and seal the affidavit.
  • Voluntary and Sound Mind – The notary acknowledgment confirms that the affiant signed the form of their own accord and was mentally fit.

Sample

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In the [COURT/JURISDICTION/COUNTY/STATE]

Plaintiff: [PLAINTIFF NAME]

vs.                                                                                                                 Case No. [#]

Defendant: [DEFENDANT NAME]

 

AFFIDAVIT

Date: [MM/DD/YYYY]

My legal name is [AFFIANT NAME] (the “Affiant”) and acknowledge I am:

  • [#] years old.
  • A resident in the state of [STATE] with an address of [ADDRESS].

Being duly sworn, hereby swear under oath that: [SWORN STATEMENT].

Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is, to the best of my knowledge, true and correct.

Affiant’s Signature: ________________________ Date: ________________

State of [STATE]
County of [COUNTY]

Subscribed band sworn to (or affirmed) before me on this [DAY] of [MONTH], [YEAR], by [AFFIANT NAME], proved to me on the basis of satisfactory evidence to be the person who appeared before me.

WITNESS my hand and official seal.

Signature: ________________________

My Commission Expires: _______________

(Seal)