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 Minnesota Commercial Affidavit of Truth is a legal document that is utilized in commercial transactions and legal disputes in the state of Minnesota. This affidavit is a sworn statement made under oath by an individual or business entity, attesting to the truthfulness and accuracy of certain statements, facts, or claims relevant to a commercial matter. The purpose of the Minnesota Commercial Affidavit of Truth is to provide an official, legally binding declaration of the veracity of information provided in commercial dealings. It is commonly used in situations such as real estate transactions, business contracts, and court proceedings. Some common keywords related to the Minnesota Commercial Affidavit of Truth include: 1. Affidavit: A written statement made voluntarily under oath, which can be used as evidence in a court of law. 2. Commercial: Pertaining to business and trade activities. 3. Transaction: A business deal, purchase, sale, or exchange of goods or services. 4. Legal dispute: A disagreement or conflict that requires the involvement of the legal system to resolve. 5. Veracity: Truthfulness or accuracy of information. 6. Sworn statement: A formal declaration made under oath, affirming the truthfulness and accuracy of the information provided. 7. Real estate: Property, land, buildings, and related assets. 8. Business contracts: Legal agreements governing commercial relationships and obligations. 9. Court proceedings: Legal actions or processes taking place in a court of law. Although there may not be specific types of Minnesota Commercial Affidavit of Truth, variations of this document may exist based on the specific commercial matter at hand. For instance, there could be variations for real estate transactions, business contracts, or other types of commercial agreements. However, the basic purpose and function of the affidavit remain the same: to provide a sworn statement of truth regarding relevant commercial matters.
