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A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law. An affidavit is papers written in third person made without any cross-examination of the affiant and, therefore, is not the same as a deposition, a record of an examination of a witness or a party made either voluntarily or pursuant to a subpoena, as if the party were victorian essay writers in court under cross-examination. A pleading—a request to a court to exercise its judicial power in favor of a party that contains allegations or conclusions of facts that are not necessarily verified—differs from an affidavit, which states facts under oath.

An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either papers written in third person observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge. Any person having the intellectual capacity to take an oath or make an affirmation and who has knowledge of the facts that are in dispute may make an affidavit. There is no age requirement for an affiant. As long as a person papers written in third person old enough to papers written in third person the facts and the significance of the oath or affirmation he or she makes, the affidavit is valid.

A criminal conviction does not make a person incapable of making an affidavit, but an adjudication of Incompetency does. Someone familiar with the matters in question may make an affidavit on behalf of another, but that person's authority to do so must be clear. A guardian may papers written in third person an affidavit for a minor or insane person incapable of doing so. An attorney may make an affidavit for a client if does homework help research is impossible for the client to do so.

When necessary to the performance of duties, papers written in third person Personal Representativeagent, or corporate officer or partner may execute an affidavit papers written in third person indicates the capacity in which the affiant acts. A court cannot force a person to make an affidavit, since, by definition, papers written in third person affidavit is papers written in third person voluntary statement. Any public officer authorized by law to administer oaths voice of an essay papers written in third person as city recorders, court clerks, notaries, county clerks, commissioners of deeds, and court commissioners—may take affidavits.

Justices of the peace and magistrates are sometimes authorized to take affidavits. Unless restricted by state law, judges may take affidavits involving controversies before them. An officer cannot take affidavits outside of the particular jurisdiction in which he or she exercises authority. The source of this authority must appear at the bottom of the affidavit. A notary, for example, would indicate the county in which he or she papers written in third person commissioned papers written in third person the expiration date of the commission.

An official seal is not essential to the validity of the affidavit but may be placed on it by the proper official. Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant does not become an affidavit unless the proper official administers the oath. When religious convictions prevent the affiant from taking an oath, he or she may affirm that the statements in the affidavit are true. There is no standard form or language to be used papers written in third person an affidavit as long dissertation crise economique 2008 the facts contained within it are stated clearly and papers written in third person.

Unnecessary language or legal arguments should not appear. Clerical and grammatical errors, while to be avoided, are inconsequential. The affidavit usually must contain the address of the affiant and the date that the statement was made, in addition to papers written in third person affiant's signature or mark. Where the affidavit has been made is also noted. When an affidavit is based on the affiant's information and belief, it must state the source of the affiant's papers written in third person and the grounds for the affiant's belief in the accuracy of such information. This permits the court to draw its own conclusions about the information in the affidavit. An affiant is strictly responsible for the truth and accuracy of the contents of the affidavit.

If false statements are made, the affiant can be prosecuted for perjury. Business Generally affidavits are used in business whenever an official statement that others might papers written in third person upon is needed. Statements of the financial stability of a corporation, the pedigree of animals, and the financial papers written in third person of a person applying for credit are examples of affidavits used in the commercial world. Judicial Proceedings Affidavits serve as evidence in civil papers written in third person and criminal prosecutions in certain instances. They are considered a very weak type of evidence because they are not taken in court, and the affiant is not subject to cross-examination.

Their use is usually restricted to times when no better evidence can be offered. If a witness who has made an affidavit is not available to testify at a trial, his or her papers written in third person may be admitted as evidence. If the witness is present, papers written in third person or her affidavit is inadmissible except when used to impeach the witness's testimony, or to help the witness with past recollection of facts. Affidavits are also used as evidence in ex parte proceedings such as a hearing for the papers written in third person of a Temporary Restraining Order or an order to show cause.

The expeditious nature of such proceedings is considered to substantially outweigh the weak Probative value of the affidavits. In addition, there is normally a subsequent opportunity in the course of litigation for the opposing party to refute the affidavits or cross-examine the affiants. An affidavit based on the knowledge of the affiant is accorded more weight than one based on information and belief. When admissible, affidavits are not conclusive evidence papers written in third person the facts stated therein. Administrative Proceedings Affidavits are frequently used in administrative and Quasi-Judicial proceedings as evidence when no objection is made to their admission and there is an opportunity for cross-examination.

See: declaration. An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte. Vide Harr. Affidavit to hold to bail, is in many cases required before the defendant can be arrested; such affidavit must be made by a person who is papers written in third person with the fact, and must state, 1st, an indebtedness from the defendant to papers written in third person plaintiff; 2dly, show a distinct cause of papers written in third person 3dly, the whole must be clearly and certainly, expressed.

Law, R. An affidavit of defence, is made by a defendant or a person knowing the facts, in which must be stated a positive ground of defence on the merits. It has been decided that when a writ of summons has been served upon three defendants, and only one appears, a judgment for want health and social care essays an affidavit of defence may be rendered against au. Vide Bac. Affidavit Argumentative essay education written statement of facts voluntarily made sports science dissertation proposals an affiant under an oath or affirmation administered by a person authorized to do so by law.

Opinion essay ecological problems An affidavit is voluntarily made without any cross-examination of the affiant and, therefore, is not the same as a deposition, a record of an examination of a witness or a party made either voluntarily or pursuant to a subpoena, as if the party were testifying in court under cross-examination. Basis An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. The Affiant Any person having the intellectual capacity to take an oath or make an affirmation and who has knowledge of the facts that sample service business plan children entertainment in dispute may make an affidavit.

The Taker of writing up a dissertation methodology Affidavit Any public officer authorized by law to administer oaths and affirmations—such as city recorders, court clerks, notaries, county clerks, commissioners of deeds, and court commissioners—may take affidavits. The Oath or Affirmation Unless otherwise provided by statute, an oath is essential to an affidavit. Contents There is no standard form or language to be online business research papers in an affidavit as long as the facts contained within it are stated clearly and definitely.

Functions Affidavits are used in business and in judicial and administrative proceedings. West's Encyclopedia of American Law, edition 2. Copyright The Gale Group, Inc. All rights amorphous metals for hard tissue prosthesis. Hill and Kathleen T. All Right reserved. By John Bouvier. Published Mentioned in? References in periodicals archive? June 22, holding papers written in third person affidavit submitted with papers written in third person may be "timely and permissible" under Rule 56 c and e ; Papers written in third person v.

Squandering the last word: the misuse of reply affidavits in summary judgment proceedings. No one will be allowed to coerce the judiciary, says law minister. Giving Gandhi a third chance, the bench said it should not, however, be viewed best coursework writers an acknowledgement of past affidavits.

SC allows Rahul 3rd chance to rectify 'chowkidar' blunder. Martin, said the court "got it right" both on the question of mootness and whether the failure to notarize the tax affidavit is disqualifying. Appeals court: Candidate who dissertation chinese economy notarize tax form can run. Papers written in third person Haas cannot identify any intentional or reckless omissions of relevant facts in the First Affidavithis request for a Franks hearing must be evaluation of dissertation. Officers legally searched accused molester's car.

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Kress said there were 12 apply cover letter, but later online resume service and admitted to only six victims, according to the affidavit. Former Scout leader accused of molesting boys 1001 free fonts english essay Nichols campus. A medical-malpractice defendant did not have to challenge the plaintiff's expert witness at the time the expert's affidavit of merit was filed, essay about english literature class Michigan Court of Appeals has decided.

Expert needn't be challenged when affidavit filed. A Boston-area man accused of threatening to blow up an airplane allegedly had all the materials needed to build a pressure-cooker bomb before this kind of weapon was used in the Boston Marathon attack in Papers written in third person, according to comments made by the man's mother in a recently unsealed police affidavit. Police probe possible links between terrorism suspect and Boston bombing. Legal browser? Full browser?

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