Affidavit

An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.

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One use of affidavits is to allow evidence to be gathered from witnesses or participants that may not be available to testify in person before the court.

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In American jurisprudence, it is very unusual to allow an unsupported affidavit to be entered into evidence (as it is usually considered hearsay) with regard to material facts which may be dispositive of the matter at bar. Affidavits from persons who are dead or otherwise incapacitated, or who cannot be located or made to appear may be accepted by the court, but usually only in the presence of corroborating evidence. A formerly written affidavit, which reflected a better grasp of the facts closer in time to the actual events, may be used to refresh a witness' recollection. Materials used to refresh recollection are admissible as evidence.

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Some types of motions will not be accepted by a court unless accompanied by an independent sworn statement or other evidence, in support of the need for the motion. In such a case, the court will accept an affidavit from the filing attorney in support of the motion, as certain assumptions are made, to wit: The affidavit in place of sworn testimony promotes judicial economy. The lawyer is an officer of the court and knows that a false swearing by him, if found out, could be grounds for severe penalty up to and including disbarment. The lawyer if called upon would be able to present independent and more detailed evidence to prove the facts set forth in his affidavit.

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Notary public: A notary public is an officer who can administer and give oaths, and perform certain other acts varying from jurisdiction to jurisdiction....

Medieval Latin: Medieval Latin refers to the Latin used in the Middle Ages, primarily as a medium of scholarly exchange and as the liturgical language of the medieval Roman Catholic Church. It is therefore largely synonymous with Church Latin....

Jurisprudence: Jurisprudence is the scientific study of law, including:...