The Guidelines for Affidavit Writing
An affidavit is not an average type of paper. It is a signed document that explains the testimonials of a person. The paper contains someone’s statements in which he or she was under oath, to tell the truth. As a result, such a document can be used as legal evidence in the court or in other public and official organizations.
The person who makes testimonials is called a witness and swore he or she shares all true facts and feelings. In such a situation a role of a notary public is important. This is a person which is allowed to work with such papers like to oath, to witness, to statutory declarations, to make other legal actions. The affidavit is a notarized document that means its automaticity.
So the affidavit is a very important document. You may require it in different situations in your life. That’s why the skill of writing affidavit will be very helpful. Find out the general rules and special tips in preparing such text written by Tutoriage professionals.
The Main Types of Affidavit
There are several types of such documents. When you need to prepare an affidavit, start with this simple thing to define. It determines several writing particularities of the text, including format, information, etc.
Here are types of affidavit you can write:
Affidavit of death
If someone has passed away, you may need a death certificate for some reason. For instance, for an inheritance, business, taxes, etc. Instead of the death certificate, you can prepare an affidavit of death and confirm the fact of a person to be passed away. This is quite simple but means absolutely the same in this situation.
Affidavit of the name change
If you have another name at birth and now use another name or surname (or both of them), you may require to prove it. In general, your aim is to explain that your new and old name belongs to one person. Usually, such type of affidavit is important for women who get married and take the husbands’ surname. Besides, both men and women can change their names if they wish to. So thanks to the affidavit of name change you will easily prove both names are yours and avoid any possible troubles with documents.
Affidavit of identity theft
In the modern world, we keep our personal information on electronic gadgets, and it happens for scams to use your identity in own purposes. So if you consider that you become a victim of such an unpleasant situation, prepare an affidavit of identity theft. It will help you to avoid being compromised with further unpleasant consequences.
Affidavit of residence
This kind of paper is meant to solve one of the typical situations when you require to prove your home address. It may be useful in different cases, for inclusion, if you need to pay tax, to start a business, to make a bank account, etc. In any case, there is nothing hard to prove your current address.
Affidavit of age declaration
In most cases, all countries require a birth certificate to prove the fact of birth, age, or other things. But this type of affidavit can replace the birth certificate and play the same role. It confirms your age and proves that the birth certificate can’t be used at the moment because of the exact reason (for instance, it was lost, etc.).
Affidavit of the beneficiary of an inheritance
When a person dies, he or she usually has different assets. As a result, the owner of such rights will be another person called beneficiary. So an affidavit of the beneficiary of inheritance explains who will get the assets now. This document also includes the name of the person and his or her relationship with the antecessor.
The Step-by-Step Instruction to Write an Affidavit:
- Write your title and caption. Both these elements should let the reader understand the type and aims of the paper. The caption is a heading that includes the name of the court, the name of the case if it is needed, the names of defendants, the plaintiff, and the case number. When you are finished with the caption, then place the word ‘affidavit’ on the next line. Make it centered and with capital letters.
- Write some information about yourself. This part requires the most important data about affiant, but remember to place only the necessary facts. The current law estimates the following information as essential for such cases: the full name, sex, date of birth home address, occupation and exact relationship to the litigant.
- Make your statements. The best way to present your points is to use a numbered list or bullets. Such a method helps to make clear and short statements that are easy to read and understand. The main rule for such bullets or numbered lists is to contain only one point for one sentence.
- Keep the points arranged. Try to arrange all the information according to the proper criterion. There is no exact rule, but make sure all your points create a comprehensive paragraph. You can arrange them according to any relevant criterion, for instance, a chronological order, importance, etc.
- Share the exact information. Your affidavit is a serious document for court, so make it in logic and responsible manner. Avoid all information that doesn’t belong to the case. Also don’t let yourself make mistakes, to speculate, to share irrelevant facts. The best way of writing an affidavit is to provide each statement with the evidence. It helps to prove that your words are fair. Of course, sometimes it is not possible, so experts just recommend placing evidence for each bullet.
- Keep the proper language. You should write the text using the first person (‘I do… ‘,’ I think… ‘, etc.). All your affidavit text is concerned about you so keep this rule in all sentences. But when it goes about your speech you shouldn’t seem to be a professional author. Just write the paper with simple and correct words, but do not overdo with a desire to impress the audience. This is not your aim in such a situation. Just be nice and polite in your affidavit.
- Use references for other sources. The reliable affidavit can’t consist only of your points of view. To make it more reputable and trustful you should use references to other documents which can prove your words. Don’t forget to mark these files as ‘exhibit’ and place them in numbered order according to the mentioning in your text. The author is free to use any source, for instance, pictures, tickets, bank files, receipts, etc.
- Never lie. It is very important to share only fair information for your affidavit. In another case, you can be responsible for fake data. In most cases, such penalties cost your money, time, and reputation. Besides, it is quite easy to check your testimonials. So it’s better to use only fair data and does not try to tell lies for your sake.
- Try to use a neutral position. You shouldn’t place a lot of personal ideas, opinions, and conclusions. These elements are considered to be too personal to be presented in such paper as an affidavit. Even if you believe in own position, you should not make irresponsible findings in your paper. Remember, that you are not in charge to make a conclusion, but only the judge is.
- Try to avoid inappropriate expressions. This is also not a reliable element for an official affidavit. The best way is to use neutral speech without melodramatic details. In other cases, a judge can not use your testimonials in making a verdict.
- Make the proper ending. You need to finish your text saying that you have shared all the information you know about the case. Also add, that you do not hide anything important consciously and unwittingly for the case. Then you only have to close up your affidavit with signature and notary public signature.
The Power of Examples of the Affidavit
When you are writing an affidavit, you may require good samples. These texts are quite standard, so after reading several samples you will prepare your own paper. Try to find several affidavit templates before starting your text.
Here is the skeletal story:
AFFIDAVIT OF RESIDENCE
AFFIDAVIT OF ANNE RICHARDS
My name is ANNE RICHARDS (F), I am 26 years old and work as a seller. I reside at block 23, Colby Haven, Cherry town, Idaho at the moment.
I live at the following address for already 5 years starting April 13th, 2014. I have not moved or changes a primary residence for other addresses during this time. So I declare that with full responsibility.
The paper finishes with a notary public and signature. This is all you need to share in such a type of affidavit. Other types of this paper may differ depending on the required content, but in general, the structure is common.