Is an affidavit a letter statement of truth?
Can a person write this letter about a face to face meeting that took place with another person... Talking about the conversation between the two person?
If so is there a certain format or this person can just write it and have it notarized.
A affidavit is a statement often used to provide factual information or promises for which the person can be held accountable.
A person can write an affidavit about a meeting. However, since it is hearsay, whether the affidavit would be admissible in court is a whole other question.
The affidavit should list the state and county in which it is sworn. The affidavit should be written in the first person. In addition, the affidavit should be addressed to indicate the individual swears to the truth of the following statements such as: "I, the undersigned, do hereby swear, certify and affirm that. . . ."
The person creating the affidavit should not sign the document unless in the physical presence of the notary. The notary will then sign the document and either "acknowledge" that identity of the person signing the affidavit or provide a "jurat" indicating the notary witnessed the events in question.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
There are generally accepted formats for drafting an affidavit, which you can find online with a simple Google search. As a matter of best practice, you should limit the statements in affidavits to statements of fact (not opinion) and supply the bases for any statements therein -- e.g., (1) On Monday, May 1, 2011, I drove from my house at 111 Jones Street, SF, CA 94114 to the University of California at Santa Cruz; (2) I took the 580 South to X exit, when I got off to get gas at the adjacent Chevron station located on the NE corner; (3) I parked my car in the first stall, and entered the Chevron mini-market to buy cigarettes and coffee; (4) In the check-out line, I noticed the clock on the wall behind the cashier, which reflected that it was 1:14 p.m.; (5) When I left the mini-market, I got back into my car and heard a loud bang, which sound like gunfire; (6) I ran back into the store and saw the cashier bleeding on the floor; (7) etcetera.
That should give you a general idea.
Since it's an affidavit rather than a declaration, you will need to have it notarized.
Mr. Chen and Mr. Lawrence give you good advice. An affidavit is a sworn statement. It is usually not in letter form. It usually will bear the caption of the lawsuit at the top, and indicate, to the right of the caption, the word "Affidavit." Below the caption usually appears the following:
STATE OF __________ )
COUNTY OF ________ )
It will begin something like this: "John Doe, being duly sworn, deposes and says as follows under the penalties of perjury:"
Then it will continue in numbered paragraphs. Keep the paragraphs short. Each paragraph should be a statement of fact.
At the end, there is a signature line for the affiant, under which his or her signature is printed.
And below that will appear the following:
"Sworn to before me this
____ day of _________, 2012
Having said all that, you might consider hiring an attorney.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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