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n affidavit (/ˌæfɪˈdeɪvɪt/ ( listen) AF-i-DAY-vit; Medieval Latin for he has

declared under oath) is a written sworn statement of fact which is voluntarily


made by an affiant or deponent under an oath or affirmation which is
administered by a person who is authorized to do so by law. Such a statement is
witnessed as to the authenticity of the affiant's signature by a taker of oaths, such
as a notary public or commissioner of oaths. An affidavit is a type of verified
statement or showing, or in other words, it contains a verification, which means
that it is made under oath or penalty of perjury, and this serves as evidence for
its veracity and is required in court proceedings.
Affidavits may be written in the first or third person, depending on who drafted the
document. The document's component parts are typically as follows:

 a commencement which identifies the "affiant of truth",[1] generally stating


that everything in it is true, under penalty of perjury, fine, or imprisonment;
 an attestation clause, usually a jurat, at the end certifying that the affiant
made oath and the date;
 signatures of the author and witness.
If an affidavit is notarized or authenticated, it will also include a caption with a
venue and title in reference to judicial proceedings. In some cases, an
introductory clause, called a preamble, is added attesting that the affiant
personally appeared before the authenticating authority.

Contents

 1Australia
 2India
 3Sri Lanka
 4Ireland
 5United States
 6Types of affidavit
 7See also
 8References

Australia[edit]
On 2 March 2016, the High Court of Australia held that the ACT Uniform
Evidence Legislation is neutral in the way sworn evidence and unsworn evidence
is treated as being of equal weight.[2]
India[edit]
In Indian law, although an affidavit may be taken as proof of the facts stated
therein, the courts have no jurisdiction to admit evidence by way of affidavit.
Affidavit is not treated as "evidence" within the meaning of Section 3 of the
Evidence Act.[3] However, it was held by the Supreme Court that an affidavit can
be used as evidence only if the court so orders for sufficient reasons, namely, the
right of the opposite party to have the deponent produced for cross-examination.
[4]
 Therefore, an affidavit cannot ordinarily be used as evidence in absence of a
specific order of the court.

Sri Lanka[edit]
In Sri Lanka, under the Oaths Ordinance, with the exception of a court-martial, a
person may submit an affidavit signed in the presence of a commissioner for
oaths or a justice of the peace.

Ireland[edit]
Affidavits are made in a similar way as to England and Wales, although "make
oath" is sometimes omitted. A declaration may be substituted for an affidavit in
most cases for those opposed to swearing oaths. The person making the affidavit
is known as the deponent but does not sign the affidavit. The affidavit concludes
in the standard format "sworn (declared) before me, [name of commissioner for
oaths/solicitor], a commissioner for oaths (solicitor), on the [date] at [location] in
the county/city of [county/city], and I know the deponent (declarant)", and it is
signed and stamped by the commissioner for oaths.

United States

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