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 Oregon, a General or Common Law Affidavit refers to a legal document used to provide testimony or evidence in court proceedings. This type of affidavit is based on the principles of common law, which is a body of law derived from judicial decisions and legal precedents rather than statute. A General or Common Law Affidavit can be used in various legal matters, including civil, criminal, or family court cases. It allows individuals to present statements, facts, or any relevant information under oath. It is crucial to note that an affidavit must be truthful, accurate, and based on personal knowledge or belief. Different types of Oregon General or Common Law Affidavits may include: 1. Affidavit of Service: This type of affidavit is used to confirm that certain documents, such as subpoenas or court summons, have been properly delivered to the intended recipient. 2. Affidavit of Support: This affidavit is commonly used in immigration cases to demonstrate that a sponsor will financially support an individual seeking to enter or remain in the United States. 3. Affidavit of Character: This affidavit involves a person vouching for the moral character and reputation of another individual. It is often used in court proceedings, such as custody battles or criminal cases. 4. Affidavit of Small Estate: This affidavit is utilized for handling small estates after a person's death. It allows heirs or beneficiaries to claim and distribute assets without going through a formal probate process. 5. Affidavit of Name Change: This type of affidavit is filed when an individual wishes to change their name legally. It provides evidence and reasons for the name change request. 6. Affidavit of Residence: This affidavit is used to establish a person's legal residential address. It can be required for various purposes, including obtaining a driver's license or registering to vote. 7. Affidavit of Financial Support: This affidavit is commonly used in divorce cases to provide evidence of one spouse's financial contributions or obligations to the marital estate. 8. Affidavit of Identity: This affidavit is employed to verify an individual's identity in situations where no other form of identification is available or recognized. These are just a few examples of the different types of Oregon General or Common Law Affidavits that can be utilized in legal matters. It is important to consult with an attorney or legal professional to determine the specific type of affidavit needed for each situation.
