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Affidavit

An affidavit (/ˌæfɪˈdvɪt/ AF-ih-DAY-vit; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings.

An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include,

In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority. An affidavit may also recite that the statement it records was made under penalty of perjury.

An affidavit that is prepared for use within the context of litigation may also include a caption that identifies the venue and parties to the relevant judicial proceedings.

On 2 March 2016, the High Court of Australia held that the ACT Uniform Evidence Legislation is neutral in the way sworn evidence and unsworn evidence is treated as being of equal weight.

The term "affidavit" is used in the UK. According to the UK government website, "The affidavit can be sworn or affirmed by a solicitor, notary or commissioner for oaths (for a charge) or by an authorised member of court staff."

In Indian law, although an affidavit may be taken as proof of the facts stated therein, the courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination. Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the court.

In Sri Lanka, under the Oaths Ordinance, with the exception of a court-martial, a person may submit an affidavit signed in the presence of a commissioner for oaths or a justice of the peace.

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written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law
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