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.
We will also show you how 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.
Refer to our Affidavit Forms Page for more legal guidelines and free printable examples of the various types of affidavits.
It can be simple e.g. Affidavit, or Affidavit of John Doe, or Affidavit of Identity Theft, Affidavit of Domicile etc.
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.
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.
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.
And that's it!
By following a format of numbered paragraphs, it enables you to:
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.
Use the step-by-step instructions above and our sample affidavits to create a General Affidavit Form.