Description of the legal term Affidavit:
An affidavit is a written statement of facts made voluntarily by an affiant or deponent under oath or affirmation administered by a person authorised by law to do so. It is used as a means of providing evidence in legal proceedings, particularly when a witness cannot be present in court. Affidavits must be signed and sworn (or affirmed) before a person legally authorised to do so, such as a solicitor, notary or commissioner of oaths.
Affidavits are commonly used in a variety of legal settings, including
Court proceedings: As evidence in civil and criminal cases, especially for undisputed facts.
Legal transactions: In matters such as property transfers, where an affidavit is required to verify certain information.
Administrative or regulatory proceedings: In situations where a written, sworn statement is required for compliance or regulatory purposes.
The contents of an affidavit must be true to the best of the affiant’s knowledge and belief. This is important because any false statement made in an affidavit is subject to penalties for perjury.
Legal context in which the term Affidavit may be used:
Consider a civil case involving a contract dispute. One party, Alice, claims that she fulfilled her contractual obligations by delivering goods on a certain date. However, she is unable to attend the court hearing because she is abroad. To support her claim, Alice draws up a statutory declaration. In this document she details the facts of the delivery, including the date, the nature of the goods and the receipt of the delivery. She signs the affidavit in the presence of a notary, who verifies her identity and administers the oath.
The affidavit is then submitted to the court as part of the case file. The opposing party has the opportunity to review the affidavit and challenge its contents. However, if the facts set out in the affidavit are not in dispute, they may be accepted by the court without the need for Alice to be physically present to give evidence.
The affidavit is an important tool in the English legal system. It provides a practical way of presenting facts in legal proceedings, particularly where personal testimony is not possible. The sworn nature of the document lends credibility to the statements made, while at the same time making the affiant legally accountable for their truthfulness. This feature contributes to the efficient administration of justice by ensuring that factual evidence can be properly considered in the absence of the person making the statements.