INSTRUCTIONS : AFFIDAVIT
An affidavit is a sworn statement made under oath administered by an individual who is authorized to take such a statement. Affidavits can be used for a number of reasons and have the same effect as testimony in a court of law for either civil or criminal actions.
In this case, we are using the affidavit example used in the state court of New Jersey. Examples of affidavits can be found online or through legal help services.
The first step in filling out your affidavit is to enter all of the information in the case caption at the top of the affidavit.
1. You should format the caption in the same way as found in other legal materials involved in the case. If you do not have any example captions for your case, use the standard form as shown in our example.
2. Include the plaintiff name or names above the defendant names in the box inside the caption. Enter the docket number in the top right corner. Signify this is an affidavit on the right side of the document.
The first line of the affidavit should include the individual who is giving the statement’s name followed by the affirming language signifying the person understands they are giving testimony.
3. Enter the name followed by the language, “being of full age, on his oath, deposes and says:”
4. Put as the first numbered statement that the person giving the testimony states their affiliation with the stated case in the caption.
After the affirming language, you must now list all statements in a well organized manner.
4. Number from 1 to however many statements are to be made.
5. You can have as many statements as you want, using as many pages as you require for your affidavit.
6. Try to keep each statement to only one or two sentences, unless the statement requires multiple sentences in order to complete a single thought.
Once all statements are recorded on the affidavit, the person giving the testimony is to sign and date the bottom portion, indicating the statements given are their own.
7. Note that some jurisdictions may require witnesses to an affidavit or certification by a notary public. Check with your local rules for more information.