The formal requirements of an affidavit usually are:
1. The identification of the place where the affidavit was taken (i.e., the venue);
2. The signature of the affiant (i.,e., the person giving the affidavit); and
3. 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.
It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officers consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is a very basic and general form which can be used in most jurisdictions if properly completed.
In Ohio, a General or Common Law Affidavit refers to a legal document that is used to provide sworn statements or evidence in various legal proceedings. This affidavit is typically based on the principles of common law, which is a system of law derived from court decisions and customs rather than statutes. A General or Common Law Affidavit can be used in a wide range of legal matters such as civil lawsuits, estate planning, probate proceedings, or even criminal cases. It is often employed when there is a need to present factual testimony or evidence that is not addressed by a specific statute or regulation. When drafting an Ohio General or Common Law Affidavit, certain essential elements should be included to ensure validity. These may consist of the affine's full name, address, and contact information, as well as a statement indicating that the information provided is true and accurate to the best of the affine's knowledge. The affine's signature and the date of execution are typically required as well. While the term "Ohio General or Common Law Affidavit" does not specifically refer to different types, it can be applied to various situations and purposes. For instance, in a civil lawsuit, a party may file an affidavit to provide evidence supporting their claims or opposing the claims made by the opposing party. In probate cases, an affidavit may be used to establish the authenticity of a decedent's will or to declare the heirs of an estate. Additionally, in criminal cases, an affidavit may serve as evidence to support or dispute an individual's guilt or innocence. In summary, an Ohio General or Common Law Affidavit is a legal document used to present sworn statements or evidence in different types of legal proceedings, mainly relying on common law principles. While the term itself does not encompass distinct variations, it can be utilized in various contexts, including civil lawsuits, probate proceedings, or criminal cases. Properly executing this affidavit requires including essential elements such as the affine's personal information, a statement of truthfulness, and a signature.
