An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.
The formal requirements of an affidavit usually are:
" The identification of the place where the affidavit was taken (i.e., the venue);
" The signature of the affiant (i.,e., the person giving the affidavit); and
" The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.
An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (affiant) 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, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person. Affidavits may preserve the testimony of persons who are unable to appear in court due to illness, incarceration, moving out-of-state, death, etc. 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).
An affidavit generally consists of statements of fact regarding the issue at hand.
In the case of United States v. Williams, (8th Cir.2009), John Jacob Williams had convicted by a jury of conspiracy to distribute cocaine and crack, possession with intent to distribute cocaine and crack, and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 300 months by the district court. During the trial phase, he filed such a Commercial Affidavit of Truth and a Brief. The Court stated:
"Williams appeals, asserting violations of the Speedy Trial Act and the Sixth Amendment. Williams' Brief on Title 18 and Affidavit of Truth are properly considered motions." (footnote 3).
US Legal Forms, Inc., does not endorse the use of such an Affidavit.
The Wake North Carolina Commercial Affidavit of Truth is a legal document that serves as a sworn statement used in commercial transactions and disputes in Wake County, North Carolina. It is a crucial component of the legal process, providing a truthful and comprehensive account of relevant facts and details related to a commercial matter. Keywords: Wake North Carolina, Commercial Affidavit of Truth, legal document, sworn statement, commercial transactions, disputes, Wake County, North Carolina, legal process, relevant facts, details, commercial matter. Different types of Wake North Carolina Commercial Affidavit of Truth may include: 1. Wake North Carolina Commercial Real Estate Affidavit of Truth: This type of affidavit specifically relates to commercial real estate transactions in Wake County, North Carolina. It contains information about property details, ownership, encumbrances, liens, and other essential aspects for commercial property transactions in the county. 2. Wake North Carolina Commercial Contract Affidavit of Truth: This type of affidavit focuses on commercial contracts and agreements entered into by businesses in Wake County, North Carolina. It verifies the accuracy of the terms, conditions, obligations, and signatures contained within the contract. 3. Wake North Carolina Commercial Litigation Affidavit of Truth: This affidavit is used in commercial litigation cases in Wake County, North Carolina. It presents the facts, events, and circumstances of a commercial dispute, helping to establish the truth and provide evidence during court proceedings. 4. Wake North Carolina Commercial Debt Collection Affidavit of Truth: This affidavit pertains to debt collection matters in commercial relationships within Wake County, North Carolina. It confirms the validity of outstanding debts, supporting the creditor's claim for repayment through a truthful and detailed account of the debt and related transactional information. 5. Wake North Carolina Commercial Bankruptcy Affidavit of Truth: This type of affidavit is employed in commercial bankruptcy cases filed in Wake County, North Carolina. It entails accurate information about the debtor's financial situation, assets, and liabilities, providing an overview necessary for court proceedings and decision-making. In conclusion, the Wake North Carolina Commercial Affidavit of Truth is a legal document used in various commercial contexts in Wake County, North Carolina. Its purpose is to provide a detailed and truthful account of relevant facts and information specific to commercial transactions, disputes, contracts, litigation, debt collection, or bankruptcy cases.The Wake North Carolina Commercial Affidavit of Truth is a legal document that serves as a sworn statement used in commercial transactions and disputes in Wake County, North Carolina. It is a crucial component of the legal process, providing a truthful and comprehensive account of relevant facts and details related to a commercial matter. Keywords: Wake North Carolina, Commercial Affidavit of Truth, legal document, sworn statement, commercial transactions, disputes, Wake County, North Carolina, legal process, relevant facts, details, commercial matter. Different types of Wake North Carolina Commercial Affidavit of Truth may include: 1. Wake North Carolina Commercial Real Estate Affidavit of Truth: This type of affidavit specifically relates to commercial real estate transactions in Wake County, North Carolina. It contains information about property details, ownership, encumbrances, liens, and other essential aspects for commercial property transactions in the county. 2. Wake North Carolina Commercial Contract Affidavit of Truth: This type of affidavit focuses on commercial contracts and agreements entered into by businesses in Wake County, North Carolina. It verifies the accuracy of the terms, conditions, obligations, and signatures contained within the contract. 3. Wake North Carolina Commercial Litigation Affidavit of Truth: This affidavit is used in commercial litigation cases in Wake County, North Carolina. It presents the facts, events, and circumstances of a commercial dispute, helping to establish the truth and provide evidence during court proceedings. 4. Wake North Carolina Commercial Debt Collection Affidavit of Truth: This affidavit pertains to debt collection matters in commercial relationships within Wake County, North Carolina. It confirms the validity of outstanding debts, supporting the creditor's claim for repayment through a truthful and detailed account of the debt and related transactional information. 5. Wake North Carolina Commercial Bankruptcy Affidavit of Truth: This type of affidavit is employed in commercial bankruptcy cases filed in Wake County, North Carolina. It entails accurate information about the debtor's financial situation, assets, and liabilities, providing an overview necessary for court proceedings and decision-making. In conclusion, the Wake North Carolina Commercial Affidavit of Truth is a legal document used in various commercial contexts in Wake County, North Carolina. Its purpose is to provide a detailed and truthful account of relevant facts and information specific to commercial transactions, disputes, contracts, litigation, debt collection, or bankruptcy cases.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
