Affidavit

Definition of Affidavit

Note: See a more comprehensive approach to the Affidavit legal concept in the American Law Encyclopedia

A written statement of facts. An Affidavit (Law of the United States) contains a voluntarily offered representation of information. An Affidavit (Law of the United States) is generally used to establish or confirm a point of fact. The person who makes an Affidavit (Law of the United States) is called an affiant. The affiant offers information while under oath or must otherwise affirm the truthfulness of the information in the Affidavit (Law of the United States).

See Also

Discovery (Law of the United States) Warrant (Law of the United States).

Definition of Affidavit

Meaning of affidavit, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of affidavit below.

Resources

See Also

Further Reading

• Information about affidavit in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about affidavit in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about affidavit in: Campbell R. Harvey's Hypertextual Finance Glossary

Resources

Affidavit Related Resources

• Affidavit in the United States Legal Encyclopedia
• Civil Judicial Process Keywords in the United States Legal Encyclopedia
• Civil Process Keywords in the International Legal Dictionary

Notes

• “Affidavit”, The American Law Dictionary, 1991, California

Affidavit

In the Past

An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, but an affidavit is always taken ex parte. Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t.

Developments

Affidavit to hold to bail, is in many cases needd before the defendant can be arrested; such affidavit must be made by a person who is acquainted with the fact and must state, 1st, an indebtedness from the defendant to the plaintiff; 2dly, show a distinct cause of action; 3dly, the whole must be clearly and certainly, expressed. Sell. Pr. 104; 1 Chit. R. 165; S. C. 18 Com. Law, R. 59 note; Id. 99.

Details

An affidavit of defence, is made by a defendant or a person knowing the facts, in which must be stated a positive ground of defense on the merits. 1 Ashm. R. 4, 19, n. It has been decided that when a writ of summons has been served upon three defendants and only one appears, a judgment for want of an affidavit of defense may be makeed against au. 8 Watts, R. 367. Vide Bac. Ab. h. t. [1]

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Notes and References

1. Partialy, this information about affidavit is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including affidavit.

See Also

Affidavit (Civil Judicial Process)

Meaning of Affidavit

This is a brief definition of affidavit; a term used, in general, in the field of procedural law within the United States: A written declaration or statement of facts, made voluntarily and confirmed by the oath or affirmation of the person making it, taken before an officer having the authority to administer an oath.

Affidavit

There is an additional definition in the world law dictionary.

Resources

See Also

• Certification
• Jurat
• Verification