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Affidavit - Distinctions, The Affiant, The Taker Of The Affidavit, Contents, Functions - Basis, The Oath or Affirmation

knowledge statement belief unless

A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.

Basis

An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.

The Oath or Affirmation

Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant does not become an affidavit unless the proper official administers the oath.

When religious convictions prevent the affiant from taking an oath, he or she may affirm that the statements in the affidavit are true.

Affiliation Proceeding [next]

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