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.
Hennepin Minnesota Commercial Affidavit of Truth is a legally-binding document used in commercial transactions in Hennepin County, Minnesota. It serves as a declaration of facts and statements related to a specific commercial matter, ensuring that all information provided is accurate and truthful. This affidavit is an essential tool for businesses, individuals, and organizations involved in commercial activities within Hennepin County. The Hennepin Minnesota Commercial Affidavit of Truth plays a significant role in various types of commercial transactions, including but not limited to: 1. Real Estate: In real estate transactions, this affidavit is often used to confirm the accuracy of information related to property ownership, lease agreements, liens, encumbrances, title issues, or any other important details relevant to the commercial property being bought, sold, leased, or refinanced. 2. Business Sales and Acquisitions: When businesses are bought or sold within Hennepin County, this affidavit is utilized to ensure the accuracy of financial statements, contracts, licenses, permits, debts, and any other crucial information pertaining to the deal. 3. Contracts and Agreements: Prior to the execution of a commercial contract or agreement, the affidavit is commonly used to affirm the validity and truthfulness of the representations and warranties made by the involved parties. This may include confirming the accuracy of financial statements, claims, or the disclosure of any material facts. 4. Commercial Loans and Financing: In commercial lending transactions, lenders often require borrowers to submit an affidavit of truth to provide accurate information about the business, its financial condition, assets, liabilities, outstanding debts, or agreements with other creditors. 5. Licensing and Regulatory Compliance: Businesses operating in Hennepin County may need to submit a commercial affidavit of truth when obtaining licenses, permits, or ensuring compliance with local regulations. This ensures that all information provided to regulatory authorities is genuine and accurate. 6. Dispute Resolution: In legal proceedings related to commercial matters, an affidavit of truth can serve as evidence or a sworn statement attesting to the veracity of certain facts, claims, or statements made by one party involved in the dispute. To summarize, the Hennepin Minnesota Commercial Affidavit of Truth is a comprehensive document used in various commercial transactions to affirm the truth and accuracy of information provided. It is crucial for ensuring transparency, accountability, and compliance in commercial activities within Hennepin County, Minnesota.Hennepin Minnesota Commercial Affidavit of Truth is a legally-binding document used in commercial transactions in Hennepin County, Minnesota. It serves as a declaration of facts and statements related to a specific commercial matter, ensuring that all information provided is accurate and truthful. This affidavit is an essential tool for businesses, individuals, and organizations involved in commercial activities within Hennepin County. The Hennepin Minnesota Commercial Affidavit of Truth plays a significant role in various types of commercial transactions, including but not limited to: 1. Real Estate: In real estate transactions, this affidavit is often used to confirm the accuracy of information related to property ownership, lease agreements, liens, encumbrances, title issues, or any other important details relevant to the commercial property being bought, sold, leased, or refinanced. 2. Business Sales and Acquisitions: When businesses are bought or sold within Hennepin County, this affidavit is utilized to ensure the accuracy of financial statements, contracts, licenses, permits, debts, and any other crucial information pertaining to the deal. 3. Contracts and Agreements: Prior to the execution of a commercial contract or agreement, the affidavit is commonly used to affirm the validity and truthfulness of the representations and warranties made by the involved parties. This may include confirming the accuracy of financial statements, claims, or the disclosure of any material facts. 4. Commercial Loans and Financing: In commercial lending transactions, lenders often require borrowers to submit an affidavit of truth to provide accurate information about the business, its financial condition, assets, liabilities, outstanding debts, or agreements with other creditors. 5. Licensing and Regulatory Compliance: Businesses operating in Hennepin County may need to submit a commercial affidavit of truth when obtaining licenses, permits, or ensuring compliance with local regulations. This ensures that all information provided to regulatory authorities is genuine and accurate. 6. Dispute Resolution: In legal proceedings related to commercial matters, an affidavit of truth can serve as evidence or a sworn statement attesting to the veracity of certain facts, claims, or statements made by one party involved in the dispute. To summarize, the Hennepin Minnesota Commercial Affidavit of Truth is a comprehensive document used in various commercial transactions to affirm the truth and accuracy of information provided. It is crucial for ensuring transparency, accountability, and compliance in commercial activities within Hennepin County, Minnesota.
