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 Hawaii Commercial Affidavit of Truth is a legal document utilized in commercial transactions within the state of Hawaii. It serves as a sworn statement that confirms the accuracy and authenticity of the information provided in commercial dealings. This affidavit is crucial in ensuring honesty, integrity, and transparency in various commercial activities. Keywords: Hawaii, Commercial Affidavit of Truth, legal document, commercial transactions, sworn statement, accuracy, authenticity, information, commercial dealings, honesty, integrity, transparency. Types of Hawaii Commercial Affidavit of Truth: 1. Business Transactions Affidavit: This type of affidavit is commonly used in commercial transactions between two businesses or business entities. It confirms the validity and truthfulness of the information being exchanged, ensuring both parties are aware and accepting of the details provided. 2. Real Estate Affidavit of Truth: In real estate transactions in Hawaii, this particular affidavit plays a significant role. It certifies the accuracy of vital information related to a property such as ownership details, liens, encumbrances, title deed, and other important factors affecting the property's value and marketability. 3. Financial Affidavit: This type of affidavit is used when there is a need to verify financial information and statements in commercial dealings. It may be required in applications for loans, mortgages, lease agreements, partnerships, and other financial agreements where proof of financial stability or credibility becomes crucial. 4. Commercial Contract Affidavit: In various commercial contracts, especially those involving significant investments or obligations, a Commercial Contract Affidavit of Truth may be required. This affidavit ensures that all parties involved understand and acknowledge the terms and conditions stipulated in the contract, verifying that the agreement was entered into willfully and with full understanding. 5. Intellectual Property Affidavit: For businesses dealing with intellectual property rights, particularly patents, trademarks, and copyrights, this type of affidavit helps establish the authenticity and ownership of the intellectual property being transferred or licensed. It attests to the validity of the intellectual property and its legal protection under applicable laws. Overall, the Hawaii Commercial Affidavit of Truth serves as a crucial tool in commercial transactions and legal matters, ensuring the accuracy, transparency, and legality of the information exchanged. Adhering to the use of this affidavit guarantees that parties involved can rely on the provided information, fostering trust and facilitating smoother business transactions in the state of Hawaii.The Hawaii Commercial Affidavit of Truth is a legal document utilized in commercial transactions within the state of Hawaii. It serves as a sworn statement that confirms the accuracy and authenticity of the information provided in commercial dealings. This affidavit is crucial in ensuring honesty, integrity, and transparency in various commercial activities. Keywords: Hawaii, Commercial Affidavit of Truth, legal document, commercial transactions, sworn statement, accuracy, authenticity, information, commercial dealings, honesty, integrity, transparency. Types of Hawaii Commercial Affidavit of Truth: 1. Business Transactions Affidavit: This type of affidavit is commonly used in commercial transactions between two businesses or business entities. It confirms the validity and truthfulness of the information being exchanged, ensuring both parties are aware and accepting of the details provided. 2. Real Estate Affidavit of Truth: In real estate transactions in Hawaii, this particular affidavit plays a significant role. It certifies the accuracy of vital information related to a property such as ownership details, liens, encumbrances, title deed, and other important factors affecting the property's value and marketability. 3. Financial Affidavit: This type of affidavit is used when there is a need to verify financial information and statements in commercial dealings. It may be required in applications for loans, mortgages, lease agreements, partnerships, and other financial agreements where proof of financial stability or credibility becomes crucial. 4. Commercial Contract Affidavit: In various commercial contracts, especially those involving significant investments or obligations, a Commercial Contract Affidavit of Truth may be required. This affidavit ensures that all parties involved understand and acknowledge the terms and conditions stipulated in the contract, verifying that the agreement was entered into willfully and with full understanding. 5. Intellectual Property Affidavit: For businesses dealing with intellectual property rights, particularly patents, trademarks, and copyrights, this type of affidavit helps establish the authenticity and ownership of the intellectual property being transferred or licensed. It attests to the validity of the intellectual property and its legal protection under applicable laws. Overall, the Hawaii Commercial Affidavit of Truth serves as a crucial tool in commercial transactions and legal matters, ensuring the accuracy, transparency, and legality of the information exchanged. Adhering to the use of this affidavit guarantees that parties involved can rely on the provided information, fostering trust and facilitating smoother business transactions in the state of Hawaii.
