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. Use our sample affidavit templates to state your facts chronologically and clear in meaning whereafter your document will be sworn or affirmed.

We will also give you sample wording to get your affidavit notarized.

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.

How to Write an Affidavit in 5 Simple Steps

Step 1: Name Your Document

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

Step 2: 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.

Step 3: Write a Statement of Truth

The facts contained in this affidavit are within my own knowledge and are true and correct.

Step 4: 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

Step 5: Sample Notary Public Statements / Commissioner of Oaths Statements for an Affidavit

This final certification paragraph can be done in a couple of ways depending on your jurisdiction and whether made under oath or not.

There are many reasons e.g. religious, moral, political, legal or personal why people do not wish to make an oath. And that is every person's prerogative - in law you are not obliged to do so.

An affirmation has the same effect in law - it is the act of confirming something to be true, in this case your affidavit.

The authorized person will know how to administer the oath prior to the affiant signing the affidavit see the sample wordings of an oath or an affirmation below.

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• 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

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And that's it!

The Reason for Numbered Paragraphs in an Affidavit

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.

How to Write an Affidavit with Supporting Documents

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

For example, you would attach a utility bill or your lease agreement to an affidavit of residence required by a school.

These attachments must be clearly and chronologically marked in the same order as they are referred to in the affidavit - as we illustrated in Step 4, paragraph numbers 2 and 3 above.
They must also be signed, dated and witnessed.

The following free affidavit templates are available:

• General Affidavit of Loss for a document, vehicle title, stock certificate etc.
• Affidavit of Domicile to establish the residence of a person at the time of death.
• Affidavit of Residence as may be required for enrolment in a school or to open an account etc.
• Affidavit of Guardianship is a multi-purpose form which can be used when enrolling a child for school, applying for a study loan etc.

Use the step-by-step instructions above and our sample affidavits to create a General Affidavit Form.

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