How to Write an Affidavit

In showing you how to write an affidavit, we use a generally accepted format which you can easily duplicate to create a variety of legal documents.

Since affidavits are statements of fact (based upon knowledge or information and belief) they do not allow for argument or speculation or opinion. You should therefore aim to state the facts clearly, chronologically and unambiguously.



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Anticipate any questions that may arise and if possible address them in order to create as complete a record as possible of the facts of the situation in question.

Numbered Paragraphs

By following a format of numbered paragraphs, it enables you to restrict every paragraph to a distinct fact or claim and to reference the related annexure logistically.

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Supporting Documents

It is common practice to attach or annex other documents to serve as proof or evidence for statements made in the affidavit.

These attachments must be clearly and chronologically marked in the same order as they are referred to in the affidavit - we will illustrate how this is done in our sample further down the page. They must also be signed, dated and witnessed.

Note: Refer to our Affidavit Forms Page for links to our various legal affidavits where you can find more examples of how this is implemented and where you can download these free forms.




So Let's Create a Sample Affidavit

Name Your Document

It can be simple e.g. Affidavit, or Affidavit of John Doe, or Affidavit of Identity Theft, Affidavit of Domicile etc.

Identify the Deponent / Affiant

This is your first numbered paragraph where you identify the person making the affidavit, thereafter called the Affiant or Deponent.

1. My name is John Doe (always use the full legal name). I am 40 years old, am self employed as a graphic designer and currently reside at this full address. The facts contained in this affidavit are within my own knowledge and are true and correct.

State the Facts

2. In October 2010 I registered a Sole Propriety trading as John Doe Designs. In this regard I annex hereto, Marked "A", a true copy of my registration document.

3. In March 2011 I completed and delivered the designs for a logo for A.N.Other Company and invoiced them accordingly. I annex hereto, marked "B" a copy of my invoice.

4. I certify that no payment either in part or in full has been received in respect of the invoice referenced in 3. above.

 

5. This Affidavit is made for the purpose of being listed as creditor of A.N.Other Company who is now in liquidation.

________________________
JOHN DOE



Attestation by an Authorized Person

This final certification paragraph can be done in a couple of ways depending on your jurisdiction and whether made under oath or not. (The authorized person will know how to administer the oath prior to the affiant signing the affidavit.)


  • Subscribed and sworn to before me on this ____ day of ___________________20__.

    _________________________
    NOTARY PUBLIC

    My commission expires: _________________

  • Signed and affirmed under penalty of perjury before me on this ____ day of ___________________20__.

    _________________________
    NOTARY PUBLIC

    My commission expires: _________________

  • I confirm that the Deponent has acknowledged that he knows and understand the contents of the Affidavit, that the contents thereof are true and correct and that he has no objection to taking this oath and regards the oath to be binding on his conscience.

    Thus signed and sworn to, before me, at _________________ on this ____ day of ___________________20__.

    _________________________
    COMMISSIONER OF OATHS

And that's it!

Use the elements above and our sample affidavits to create a General Affidavit Form.





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