I am often asked, when discussing record retrieval and requests by authorization, about the admissibility of documents. I thought a series on the process might be helpful. Let’s start with the components of a general Affidavit. They are:
- Commencement: This is the beginning of the document where the affiant or the person making the affidavit is identified.
- Averments: Also known as affirmations, these include a list of all the claims that are being made by the affiant.
- Statement of Fact or Truth: A statement of fact/truth is what states that everything that is mentioned in the affidavit is true. A statement of truth may be something like this: I solemnly swear that the aforementioned are true and correct to the best of my knowledge and belief.
- Attestation Clause: This is the portion where the oath made by the affiant is certified. It also consists of the date.
- Signatures: This is the last portion of the document that includes the signature of the affiant, as well as that of the witness(es).
When creating your Affidavit, it is important to consider what you plan to do with it once you have in hand. Will you be filing it with the Court in preparation for a court proceeding? Will the witness be called for in-person testimony or do you intend the Affidavit to serve as the only testimony given by the witness? If you are only using the Affidavit, it is important to ensure all admissible components are included or it might be inadmissible. In our next post, we will dig into the different types of Affidavits.
Let The Legal Connection assist with your preparation of Affidavits for Admissibility. Our experienced staff have the skills to ensure your end product is exactly what you need in your case.