MODULE 4 LEGAL NOTICE AND AFFIDAVIT

LEGAL NOTICE

A legal notice is a formal intimation/ communication by one person to another person. In this
communication, the former party informs about his intention to take legal action against the latter
party. This legal document provides an opportunity for the addressee to put forward the story of
his side in an amicable manner. That means it acts as a way to solve a dispute without recourse to
the court.

Essential Information of Legal Notice

1. Basic Information: A legal notice contains the sender’s basic information, like name,
address, and description.
2. Statements of Cause of Action: The matter written in the notice must be in paragraph
form. Each paragraph must provide the essential facts, issues, and statements supporting
the cause of action. A notice can also contain information about any previous
communication between the parties.
3. Relief Sought: The last paragraph of the notice should include a detailed explanation of
the relief sought by the sender.

Contents of the Format of Legal Notice

1. Name, residential address, and description of the Sender;

2. Name and address of the Addressee;
3. Material fact, Cause of Action, and Summary of the Fact;
4. Summary of Relief Sought;
5. Reasonable Time to File Reply of the Notice;
6. Signature of the Lawyer;
7. Signature of the Client.

Steps to Draft the Format of Legal Notice

1. Contact a Lawyer
2. Share Information: A party needs to explain his/her grievance in detail to the lawyer.
Details include the name and address of the parties, grievances, issues, and the relief
sought.
3. Provide Documents: Sender should provide all the necessary documents to the lawyer
for filing the legal notice.
4. Draft Notice: The lawyer needs to write the legal notice in Legal Language, i.e., either in
legal English or Hindi. The notice must clearly specify all the crucial information and
previous communications. It should also specify the time period in which the addressee
needs to reply. Normally a period of 15 to 30 days from the date of receipt of notice is
given to file a reply.
5. Sign Notice: The lawyer must sign the notice before sending it to the second party. He
can send it either through registered post, courier, or hand delivery. In the case of courier,
a lawyer must retain the acknowledgment receipt for future use. He also needs to keep a
copy of the notice with himself for future reference.

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MODULE 4 LEGAL NOTICE AND AFFIDAVIT

FORMAT
ON LETTERHEAD OF THE ADVOCATE (NAME, ADDRESS, CONTACT NUMBER)

_____________________________________________________________________________

Ref. No.________ Dated: ________

To,

1- _______________

2- _______________

SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.

Dear Sirs,

Under instruction and on behalf of our client _______ son of _______, resident of _______, I do
hereby serve upon you with the following notice under section ___ of the _______ Act
1- That my client ______________.
2- That since ______________.
3- That on ______________.
4- That my client filed a Demand Notice ______________.

I therefore through this Notice call upon you ______________.

A copy of this legal notice is retained in my office for further necessary action.

ADVOCATE NAME

E-Justice India pg. 2

MODULE 4 LEGAL NOTICE AND AFFIDAVIT

AFFIDAVIT

An Affidavit is an oath, declare to be true and one should present before a Magistrate or an
authorize officer. It is in a written statement, used to prove the truthfulness of a statement in
court.

Use these tips and example sentences to get started:

 Grammar: Write in the first person. This means that you use “I “ statements. For
example, I saw the red Honda Accord run the stop sign at Main and First Streets. It hit a
green Toyota pick-up truck on the passenger side.
 Introduction: Affidavits typically begin with a brief background of the writer and the
reason for crafting the affidavit. This section includes your full legal name, your
occupation, and your address first. Then, you will include one or two sentences about
why you’re writing the affidavit.
o For example, My name is Bob Jones. I am a licensed electrician and I live at
1234 Main Street in Any Town, State. I am writing this affidavit because I
witnessed a car accident between a red Honda Accord and a green Toyota pick-up
truck right in front of my house when I was getting ready to leave for work on the
morning of June 8, 2020.
 Stick to the facts: An affidavit isn’t about your opinion. It’s about facts. In general, one
fact per paragraph is advisable. However, the number of facts to include in your affidavit
depends on the situation. For example, an affidavit confirming your identity requires
fewer facts than one used because you witnessed a car accident. Using our previous
example, Bob would list facts about what he saw. He would not include opinions if he
knew either driver and didn’t like one of them.
 Affidavit Writing Process
o Identify the type of affidavit you need; for example, is it for legal needs or
personal reasons?
o Write the heading/purpose for the affidavit. If the affidavit is a sworn statement,
be sure to include the name and address of the person giving the testimony (the
affiant) in the title (e.g. “Affidavit of John Smith”). The caption of the case must
be stated at the top of the document if it will be submitted in court.
o Write the names and addresses of the parties involved, if you have that
information. Even if you know a name and not their address, make sure that you
still provide the information you do have.
 Your opening sentence must be in the first person (an “I” statement such as the example
used above) and state that the affiant is swearing under oath that the information
contained in the statement is true.
 Write statements that can be supported by facts next.
 Finally, it’s time for the signature of the affiant and the date.

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MODULE 4 LEGAL NOTICE AND AFFIDAVIT

Notarization

A notary serves as an impartial third party who can legally verify the identity of the persons
involved in an affidavit. When meeting with a notary, they will require you to provide a legal
form of identification.

FORMAT

I, _____________son/daughter of _____________resident of_____________________ do

solemnly declare and affirm as follows.
1. That I ____________
2. That I am competent to sign this affidavit on behalf of the company mentioned at serial one
above.
3. That I______________
4. That we hereby ________________

DEPONENT

VERIFICATION:

Verified at _______________, this the ______ day of __________ 20_. That the
contents in the above affidavit is true and correct to the best of knowledge and belief. No part of
this affidavit is wrong and nothing material has been concealed therefrom.

DEPONENT

E-Justice India pg. 4