How Do I Fill Out a Legal Affidavit?

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An affidavit is a formal sworn statement of facts that may be used as part of a witnesses’ evidence in court. Parties to a legal case fill out affidavits to provide an account of events as they witnessed them. Legal affidavit forms may be obtained from local courts, and the court clerk or attorney can assist you in filling out any sections of the affidavit that are not clear. It is essential to note that the format of legal affidavits may vary slightly from state to state. But there is a general procedure for filling out these legal documents.

1 Fill in the affidavit header

Fill in the affidavit header by stating your name and the name of the defendant or plaintiff depending on which side you are on. Indicate the venue of the court and the case number in the blank spaces provided at the top of the affidavit form. Write what the affidavit is about (the subject) just below the space where your names, court avenue and case number appear.

2 State the name of the affiant

State the name of the affiant (you) in the next section of the form that asks for this information. Provide the appropriate information such as your full name, age, occupation and your residence address. Fill in this information in the section of the affidavit that reads: “My name is [deponent's full name]. I am [age] years old, am working as a [job title], and currently reside at [complete residence address].”

3 Write the statement of fact

Write the statement of fact in the next sections that read "affidavit statement." State facts and account events that are relevant to the legal issues at hand as you witnessed them. Fill out each statement of facts in paragraph form in each "affidavit statement" section as provided for in the document.

4 Read the clause

Read the clause at the bottom end of the affidavit that is a declaration that your statements are true and that you may be liable for perjury if statements are found to be false. Place your signature and name in the section that reads “Affiant’s signature" and "Affiant’s Name," respectively, at the bottom end of the affidavit form, before the notary’s section. Date the affidavit after your signature.

5 Swear

Swear before a notary public such as a court clerk or attorney that the information you have provided is true. Witness the notary public sign the affidavit by placing his name, signature and a notary stamp at the notary’s section which is at the bottom end of the affidavit form. (See ref 2)

  • Provide only factual information in the affidavit to avoid legal liability for false information. Indicate clearly if your information is based on opinion.

Nelson Reed started writing professionally in 2007. He has contributed to several publications including "The Daily Mirror." Reed holds a Bachelor of Arts in mass media and journalism from Winchester, University, England. He also holds a master's degree in international media relations from City University, London.