Other Free Encyclopedias :: Law Library - American Law and Legal Information :: American Law Encyclopedia Vol 1 :: Affidavit - Distinctions, The Affiant, The Taker Of The Affidavit, Contents, Functions - Basis, The Oath or Affirmation

Affidavit - The Taker Of The Affidavit

Any public officer authorized by law to administer oaths and affirmations—such as city recorders, court clerks, notaries, county clerks, commissioners of deeds, and court commissioners—may take affidavits. Justices of the peace and magistrates are sometimes authorized to take affidavits. Unless restricted by state law, judges may take affidavits involving controversies before them.

An officer cannot take affidavits outside of the particular jurisdiction in which he or she exercises authority. The source of this authority must appear at the bottom of the affidavit. A notary, for example, would indicate the county in which he or she is commissioned and the expiration date of the commission.

An official seal is not essential to the validity of the affidavit but may be placed on it by the proper official.

A sample affidavit

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