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 Pennsylvania Commercial Affidavit of Truth is a legal document used in Pennsylvania that serves as a sworn statement, attesting to the accuracy and truthfulness of certain commercial or business-related information. This affidavit is commonly required in various business transactions, such as real estate, commercial contracts, and financial agreements. The Pennsylvania Commercial Affidavit of Truth must be completed by the individual or entity involved in the commercial transaction, known as the affine. The affine must provide specific details, facts, or statements related to the transaction, which are considered legally binding once the affidavit is signed and notarized. The purpose of this document is to ensure transparency and trustworthiness in commercial dealings, aiming to prevent any fraudulent or misleading information. Keywords: Pennsylvania, Commercial Affidavit of Truth, legal document, sworn statement, accurate, truthful, business-related information, real estate, commercial contracts, financial agreements, individual, entity, affine, details, facts, statements, legally binding, signed, notarized, transparency, trustworthiness, fraudulent, misleading. Types of Pennsylvania Commercial Affidavit of Truth: 1. Real Estate Commercial Affidavit of Truth: This type of affidavit is specifically used in real estate transactions in Pennsylvania. It requires the affine to provide accurate and truthful information about the property, such as its current condition, zoning regulations, any pending legal issues, and ownership details. 2. Business Commercial Affidavit of Truth: This affidavit is utilized in commercial contracts and agreements, primarily in establishing the authenticity of the financial data, assets, liabilities, and overall business operations. It ensures that the affine provides accurate and transparent information about the business to the involved parties. 3. Financial Commercial Affidavit of Truth: This type of affidavit focuses on verifying the financial information related to a commercial transaction, such as loans, investments, or mergers. The affine must provide truthful statements about their financial standing, including income, debts, assets, and tax returns. Note: It is important to consult with a legal professional or attorney when drafting and executing any Pennsylvania Commercial Affidavit of Truth to ensure compliance with the state's laws and regulations.
