AFFIDAVIT - A statement of facts
which is sworn to (or affirmed) before an officer
who has authority to administer an oath (e.g. a notary
public). A statement which before being signed, the
person signing takes an oath that the contents are,
to the best of their knowledge, true. It is also signed
by a notary or some other judicial officer that can
administer oaths, to the effect that the person signing
the affidavit was under oath when doing so. These
documents carry great weight in Courts to the extent
that judges frequently accept an affidavit instead
of the testimony of the witness and are used in place
of live testimony in many circumstances (for example,
when a motion is filed, a supporting affidavit may
be filed with it).
Practice. An oath or affirmation reduced to writing,
sworn or affirmed to before some officer who has authority
to administer it. It differs from a deposition in
this, that in the latter the opposite party has had
an opportunity to cross-examine the witness, whereas
an affidavit is always taken ex parte.
Affidavit To Hold To Bail, is in many cases required
before the defendant can be arrested; such affidavit
must be made by a person who is acquainted with the
fact, and must state, 1st, an indebtedness from the
defendant to the plaintiff; 2dly, show a distinct
cause of action; 3dly, the whole must be clearly and
certainly, expressed.
An Affidavit Of Defense, is made by a defendant or
a person knowing the facts, in which must be stated
a positive ground of defense on the merits. It has
been decided that when a writ of summons has been
served upon three defendants, and only one appears,
a judgment for want of an affidavit of defense may
be rendered against all.
