If you’ve ever been asked to provide a sworn statement of facts for a legal matter, chances are you’ll need to write an affidavit. Whether you’re involved in a court case, settling an estate, or verifying facts for official purposes, knowing how to draft an affidavit correctly is essential. This guide will walk you through what an affidavit is, why it’s important, and how to create one step-by-step.
What Is an Affidavit?
An affidavit is a written statement of facts that the author (known as the “affiant”) swears or affirms to be true. It’s commonly used in court cases, legal proceedings, or administrative processes where a verified account of events or circumstances is required.
Unlike a casual written statement, an affidavit carries legal weight because it is signed under oath and often notarized. This makes it a powerful document in legal and official settings.
How to Write an Affidavit
Writing an affidavit may seem intimidating, but it’s really about presenting facts clearly and truthfully. Here’s how to do it:
1. Title and Caption
Start with a clear title—typically just “Affidavit.”
Below the title, include the caption of the case if it’s part of a legal proceeding. This should include:
- The name of the court
- The names of the parties involved (e.g., “John Doe vs. Jane Smith”)
- The case number
2. Affiant Information
This section introduces the person making the affidavit—you. Include:
- Full legal name
- Address
- Date of birth
- Occupation
- Contact information
You should also explain your relationship to the parties involved and how you have direct knowledge of the facts you’re stating.
3. Statement of Truth
Begin the body of your affidavit with a statement like:
“I, [Full Name], being duly sworn, depose and state as follows:”
This signals that everything that follows is based on your personal knowledge and sworn testimony. It’s important to use the first person (“I”) throughout.
4. Body of the Affidavit
This is the core of your document—where you lay out the facts in a clear and logical order.
- Use numbered paragraphs, with one fact per paragraph.
- Include specific details: names, dates, addresses, and any other relevant information.
- Use plain language. Avoid legal jargon or speculation.
- If you’re referencing any documents (called exhibits), label them clearly and attach them to the affidavit.
Example:
- On June 5, 2025, I was present at the meeting between Jane Smith and John Doe at 123 Main Street, Springfield.
5. Recipient and Oath
State where the affidavit is being submitted—such as a particular court or agency.
Also include a jurat, which is the statement that confirms you swore or affirmed the affidavit in front of a notary public.
Example: Sworn to and subscribed before me this 22nd day of July, 2025.
6. Signature and Notarization
At the end of the document:
- Leave space for your signature, printed name, and date.
- Leave a section for the notary public to sign, stamp, and include their credentials.
7. Review and Notarize
Before submitting your affidavit, make sure to:
- Proofread for grammar and spelling errors.
- Fact-check to ensure every detail is accurate and supported by evidence.
- Have it notarized by a certified notary public—this step is essential for making the affidavit legally valid.
Affidavits are powerful legal documents that should be treated with care and precision. By following these steps, you can ensure that your affidavit is clear, credible, and court-ready. When in doubt, it’s always a good idea to consult with a legal professional to ensure your affidavit meets all necessary requirements.