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 Missouri Commercial Affidavit of Truth is a legally recognized document used in the state of Missouri for commercial or business-related purposes. It serves as a sworn statement that affirms the truthfulness and accuracy of certain statements made in the context of commercial transactions or legal proceedings. This affidavit is commonly used in various commercial matters, including contract disputes, debt collection, business transactions, and court proceedings. It ensures that parties involved in these matters provide truthful and reliable information, contributing to the integrity and fairness of commercial dealings in Missouri. Key relevant keywords for the Missouri Commercial Affidavit of Truth include: 1. Missouri — This refers to the state where the affidavit is utilized, indicating its jurisdictional applicability. 2. Commercial — Indicates the affidavit's specific use in commercial or business-related situations. 3. Affidavit — A sworn statement made voluntarily under oath or affirmation. 4. Truth — Pertains to the veracity and accuracy of the statements made within the affidavit. 5. Legal — Signifies the document's adherence to legal guidelines and regulations. 6. Business — Implies that the affidavit primarily concerns business-related activities, transactions, or disputes. 7. Contract — Refers to agreements or legal documents that may be the subject of the affidavit's statements. 8. Debt Collection — The process of collecting outstanding debts owed to a business or individual, which may require an affidavit to validate claims. 9. Court — Suggests the possible involvement of judicial proceedings where the affidavit could be utilized as evidence or support for a legal claim. 10. Transactions — Implies the exchange or transfer of goods, services, or money between parties, often requiring documentation for verification. Although the Missouri Commercial Affidavit of Truth typically serves general commercial purposes, there might not be specific types or variations of this affidavit. However, it can be customized or modified to suit the specific requirements of different commercial cases or situations.
