Affidavits: What are they and why do you need them?

In our current legal system, affidavits are an integral part of how we interact with courts and the legal process. If you’ve ever had a situation where you needed to provide evidence or prove a certain point in court, then chances are you’ve heard of affidavits. But what exactly are they and why do you need them? We will explore what affidavits are, why they are important, and how to use them in court. We will also look at some examples of affidavits and how they can be used in various legal scenarios. By the end of this article, you will have a better understanding of the roles that affidavits play in the legal system and how to use them for your own needs.

architectural photography of trial court interior view
architectural photography of trial court interior view

What is an affidavit?

An affidavit is a written statement made under oath. It is used as evidence in court proceedings and can be used to prove the truth of a matter. Affidavits are typically used in situations where first-hand knowledge of a matter is required, such as to attest to the identity of a person or to the veracity of a document. In some jurisdictions, an affidavit may be sworn before a notary public or other official who has the authority to administer oaths. The content of an affidavit must be based on personal knowledge or information that the affiant has been made aware of through reliable sources. An affidavit cannot simply state opinions or conjecture; it must contain facts that can be verified. If an affidavit contains false information, the person who signed it may be subject to criminal charges.

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What documents require an affidavit?

There are typically three types of documents that require an affidavit: 1) sworn statements, 2) public records, and 3) vital records.

A sworn statement is a document that requires the affiant to swear or affirm that the information contained therein is true and correct to the best of their knowledge. This type of affidavit is often used in lieu of testimony in court proceedings.

Public records are another type of document that may require an affidavit. An example would be a deed to real property which must be notarized in order to be recorded at the local courthouse. In this instance, the affiant would be required to swear or affirm that they are the rightful owner of the property and that all information contained in the document is accurate.

Finally, vital records such as birth certificates and marriage licenses may also require an affidavit. In these cases, the affiant would usually be a witness to the event who can attest to its legitimacy.

person writing on white paper
person writing on white paper
arabic text on white paper
arabic text on white paper

What is the role of a notary in the affidavit?

A notary's role in an affidavit is to provide authentication that the document is genuine and that the person who has signed it is who they say they are. An affidavit can be used as evidence in court, so it is important that the notary ensures that all the information contained therein is accurate.

When should you choose a Jurat instead?

There are a few instances where you would want to use a Jurat instead of an Affidavit. If the signer is not comfortable swearing to the truth of their statements in front of a Notary, then a Jurat may be the better option. Additionally, if the statements in question are very old or pertain to events that happened long ago, a Jurat may be preferable since it does not require the signer to personally remember the details of what happened.

Elite Mobile Pros is your preferred notary in Utah and Nevada

Elite Mobile Pros is your preferred notary in Utah and Nevada. We are experts in all things mobile notarization and can help you with any notarization needs you may have. We are available 24/7/365 and can come to you wherever you are, whether you're at home, at work, or even out of state. We have a wide range of services that we offer, including but not limited to:

Notarizing Affidavits - We can notarize affidavits for you whether you need them for court purposes, as proof of address, or for any other legal reason.

Notarizing Documents - If you have any documents that need to be notarized, we can help. We can notarize documents such as birth certificates, marriage licenses, divorce decrees, and more.

Notarizing Contracts - We can also notarize contracts so that they are legally binding. This is especially important for business contracts.

If you need a notary in Utah or Nevada, Elite Mobile Pros is the company to call. We are experts in mobile notarization and can help you with all of your needs. Contact us today to get started!