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 Michigan Commercial Affidavit of Truth is a legal document used in the state of Michigan to provide a trustworthy statement under oath in commercial transactions or disputes. It serves as a means for parties involved to affirm the veracity of information or facts related to a particular business matter. This affidavit is often used in the context of commercial contracts, real estate transactions, or any other instances where parties need to certify the accuracy of statements made. Keywords: Michigan, commercial, affidavit, truth, legal document, state, trustworthy statement, oath, commercial transactions, disputes, parties involved, veracity, information, facts, business matter, commercial contracts, real estate transactions, accuracy, statements made. In the state of Michigan, there are various types of Commercial Affidavits of Truth, including: 1. Commercial Real Estate Affidavit of Truth: This type of affidavit is specifically tailored for commercial real estate transactions. It attests to the honesty and accuracy of information provided by parties involved, such as the property's condition, title, liens, encumbrances, or any other relevant details. 2. Commercial Contract Affidavit of Truth: This affidavit is commonly used in commercial contracts to ensure the accuracy and truthfulness of statements made within the agreement. It may cover aspects such as payment terms, deliverables, warranties, and representations, among others. 3. Commercial Loan Affidavit of Truth: In cases involving commercial loans, this affidavit is employed to verify the accuracy of financial information provided by the borrower. It typically includes details regarding the borrower's assets, liabilities, income, and credit history, ensuring that accurate details are presented to the lender. 4. Commercial Dispute Affidavit of Truth: In commercial litigation or dispute resolution procedures, this affidavit is used as a tool to state the facts surrounding the disagreement. It provides a sworn statement regarding the events, circumstances, and any relevant evidence related to the dispute, aiding the court in decision-making. 5. Commercial Licensing Affidavit of Truth: When obtaining specific licenses, permits, or certifications for commercial purposes in Michigan, this affidavit may be necessary. It verifies the accuracy of information presented in the application process, assuring the licensing agency that all details are truthful. Keywords: Commercial Real Estate Affidavit of Truth, Commercial Contract Affidavit of Truth, Commercial Loan Affidavit of Truth, Commercial Dispute Affidavit of Truth, Commercial Licensing Affidavit of Truth, commercial, real estate transactions, contracts, loans, disputes, licensing, permits, certifications, borrower, lender, litigation, evidence, application process.The Michigan Commercial Affidavit of Truth is a legal document used in the state of Michigan to provide a trustworthy statement under oath in commercial transactions or disputes. It serves as a means for parties involved to affirm the veracity of information or facts related to a particular business matter. This affidavit is often used in the context of commercial contracts, real estate transactions, or any other instances where parties need to certify the accuracy of statements made. Keywords: Michigan, commercial, affidavit, truth, legal document, state, trustworthy statement, oath, commercial transactions, disputes, parties involved, veracity, information, facts, business matter, commercial contracts, real estate transactions, accuracy, statements made. In the state of Michigan, there are various types of Commercial Affidavits of Truth, including: 1. Commercial Real Estate Affidavit of Truth: This type of affidavit is specifically tailored for commercial real estate transactions. It attests to the honesty and accuracy of information provided by parties involved, such as the property's condition, title, liens, encumbrances, or any other relevant details. 2. Commercial Contract Affidavit of Truth: This affidavit is commonly used in commercial contracts to ensure the accuracy and truthfulness of statements made within the agreement. It may cover aspects such as payment terms, deliverables, warranties, and representations, among others. 3. Commercial Loan Affidavit of Truth: In cases involving commercial loans, this affidavit is employed to verify the accuracy of financial information provided by the borrower. It typically includes details regarding the borrower's assets, liabilities, income, and credit history, ensuring that accurate details are presented to the lender. 4. Commercial Dispute Affidavit of Truth: In commercial litigation or dispute resolution procedures, this affidavit is used as a tool to state the facts surrounding the disagreement. It provides a sworn statement regarding the events, circumstances, and any relevant evidence related to the dispute, aiding the court in decision-making. 5. Commercial Licensing Affidavit of Truth: When obtaining specific licenses, permits, or certifications for commercial purposes in Michigan, this affidavit may be necessary. It verifies the accuracy of information presented in the application process, assuring the licensing agency that all details are truthful. Keywords: Commercial Real Estate Affidavit of Truth, Commercial Contract Affidavit of Truth, Commercial Loan Affidavit of Truth, Commercial Dispute Affidavit of Truth, Commercial Licensing Affidavit of Truth, commercial, real estate transactions, contracts, loans, disputes, licensing, permits, certifications, borrower, lender, litigation, evidence, application process.
