An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.
The formal requirements of an affidavit usually are:
" The identification of the place where the affidavit was taken (i.e., the venue);
" The signature of the affiant (i.,e., the person giving the affidavit); and
" The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.
An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person. Affidavits may preserve the testimony of persons who are unable to appear in court due to illness, incarceration, moving out-of-state, death, etc. Judges frequently accept an affidavit instead of the testimony of the witness and are used in place of live testimony in many circumstances (for example, when a motion is filed, a supporting affidavit may be filed with it).
An affidavit generally consists of statements of fact regarding the issue at hand.
In the case of United States v. Williams, (8th Cir.2009), John Jacob Williams had convicted by a jury of conspiracy to distribute cocaine and crack, possession with intent to distribute cocaine and crack, and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 300 months by the district court. During the trial phase, he filed such a Commercial Affidavit of Truth and a Brief. The Court stated:
"Williams appeals, asserting violations of the Speedy Trial Act and the Sixth Amendment. Williams' Brief on Title 18 and Affidavit of Truth are properly considered motions." (footnote 3).
US Legal Forms, Inc., does not endorse the use of such an Affidavit.
The Affidavit of Truth template with calculator is a comprehensive legal document designed to affirm the accuracy and veracity of a statement or claim. This template serves as a standardized format accompanied by a built-in calculator, making it easier to state facts, figures, and relevant details precisely. By utilizing a calculator within the Affidavit of Truth, individuals can effortlessly present numerical evidence, ensuring accuracy and credibility in legal matters. There are various types of Affidavit of Truth templates with calculators that cater to different needs and situations. Some different templates include: 1. Financial Affidavit of Truth with Calculator: This template is commonly used in financial disputes to provide an accurate representation of income, expenses, assets, and liabilities. The calculator feature helps individuals to present precise calculations, such as monthly income, debts outstanding, and the value of assets. 2. Business Affidavit of Truth with Calculator: Designed specifically for business-related matters, this template with a calculator helps in stating financial data, profit and loss calculations, and other relevant business figures accurately. It assists in providing a clear and objective representation of a company's financial standing or other business-related claims. 3. Property Affidavit of Truth with Calculator: This template serves as a valuable tool when dealing with property-related disputes or claims. It enables individuals to input accurate property values, depreciation calculations, and other essential details using the built-in calculator. This ensures precision and objectivity when stating facts related to property matters. 4. Personal Injury Affidavit of Truth with Calculator: In cases of personal injury claims, this template aids in quantifying and presenting the extent of damages suffered by an individual. The calculator helps in calculating medical expenses, lost wages, and other costs associated with the injury. This type of affidavit ensures accuracy and reliability while presenting the financial impact of the injury. 5. Claim Affidavit of Truth with Calculator: This template is designed to present accurate calculations and details when making a claim against an individual, organization, or insurance company. The calculator feature assists in determining the total value of the claim, taking into consideration various factors like damages, losses, and additional costs incurred. Regardless of the specific type, an Affidavit of Truth template with calculator significantly aids in providing accurate and objective information in legal matters. By incorporating a calculator, individuals can ensure precision in numerical representations, thus strengthening the overall credibility and reliability of their statements.
A Commercial Affidavit of Truth template format is a legal document used in commercial litigation cases that affirms the truthfulness and accuracy of specific commercial-related statements or claims. It serves as evidence to support the claims made by a party involved in a commercial dispute. This document template typically includes various sections, each designed to capture essential information relating to the commercial matters at hand. The format may vary depending on specific legal jurisdictions and personal preferences, but a comprehensive Commercial Affidavit of Truth generally includes the following sections: 1. Heading: This part includes the title "Commercial Affidavit of Truth" along with relevant case details such as the court name, case number, and parties involved. 2. Introduction: The template begins with an introductory paragraph identifying the affine, who is typically the party making the statement, and their relationship to the case. 3. Personal Information: This section focuses on providing the affine's personal information, including their full name, address, contact details, and professional background. This information confirms the affine's identity and credibility. 4. Statement of Facts: Here, the template provides a space for the affine to provide a detailed description of the relevant commercial facts related to the case. The affine should include dates, names, locations, agreements, and any other pertinent information that supports their claims. 5. Legal Authority: This segment allows the affine to reference applicable legal principles, statutes, regulations, or court precedents that support their statement of facts. It demonstrates the legal basis and justification of the claims. 6. Exhibits: If there are any supporting documents, contracts, invoices, photographs, or other evidence that validate the affine's statements, this section provides space to list and attach such exhibits. Properly labeled exhibits add credibility to the affidavit. 7. Conclusion: The template concludes with a verification statement, where the affine certifies that all provided information is true and accurate to their knowledge. On this statement, the affine typically signs and dates the document in the presence of a notary public or other authorized official. Different types or variations of the Commercial Affidavit of Truth may exist, depending on the specific commercial matters to address. For instance, some templates may be designed for cases involving breach of contract, intellectual property disputes, or fraudulent business practices. These variations offer tailored sections and prompts to capture details relevant to each specific commercial issue.
