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 San Antonio Texas Commercial Affidavit of Truth is a legal document used in commercial transactions in the city of San Antonio, Texas. It is a sworn statement made under oath that provides a truthful account of the facts regarding a commercial transaction. This type of affidavit serves as evidence in a court of law to establish factual information and can be crucial in resolving commercial disputes. In San Antonio, there are different types of Commercial Affidavits of Truth that may be used depending on the specific nature of the commercial transaction involved. Some of these types include: 1. Real Estate Commercial Affidavit of Truth: This type of affidavit is commonly used in real estate transactions in San Antonio. It may be used to affirm the accuracy of information related to property titles, liens, encumbrances, or any other relevant details regarding the property. 2. Business Transaction Commercial Affidavit of Truth: In commercial transactions involving businesses, this type of affidavit may be used to establish the accuracy of information related to the financial aspects of the transaction. It can include details such as purchase price, payment terms, assets, liabilities, and any representations made by either party. 3. Commercial Lease Commercial Affidavit of Truth: This type of affidavit is used in commercial lease agreements. It serves to validate the authenticity of information provided in the lease document, such as rental amounts, lease term, property condition, and any other relevant details involving the tenant and landlord. 4. Contractual Agreement Commercial Affidavit of Truth: When entering into a commercial contract, this type of affidavit may be utilized to attest to the accuracy and legitimacy of information included within the contract, such as obligations, rights, terms, and conditions agreed upon by the parties involved. Regardless of the specific type, all San Antonio Texas Commercial Affidavits of Truth adhere to the same fundamental purpose — to provide a sworn, factual account of the details pertaining to a commercial transaction. These affidavits play a vital role in legal proceedings, allowing for the establishment of truth and reinforcing the integrity of commercial transactions in the city of San Antonio, Texas.The San Antonio Texas Commercial Affidavit of Truth is a legal document used in commercial transactions in the city of San Antonio, Texas. It is a sworn statement made under oath that provides a truthful account of the facts regarding a commercial transaction. This type of affidavit serves as evidence in a court of law to establish factual information and can be crucial in resolving commercial disputes. In San Antonio, there are different types of Commercial Affidavits of Truth that may be used depending on the specific nature of the commercial transaction involved. Some of these types include: 1. Real Estate Commercial Affidavit of Truth: This type of affidavit is commonly used in real estate transactions in San Antonio. It may be used to affirm the accuracy of information related to property titles, liens, encumbrances, or any other relevant details regarding the property. 2. Business Transaction Commercial Affidavit of Truth: In commercial transactions involving businesses, this type of affidavit may be used to establish the accuracy of information related to the financial aspects of the transaction. It can include details such as purchase price, payment terms, assets, liabilities, and any representations made by either party. 3. Commercial Lease Commercial Affidavit of Truth: This type of affidavit is used in commercial lease agreements. It serves to validate the authenticity of information provided in the lease document, such as rental amounts, lease term, property condition, and any other relevant details involving the tenant and landlord. 4. Contractual Agreement Commercial Affidavit of Truth: When entering into a commercial contract, this type of affidavit may be utilized to attest to the accuracy and legitimacy of information included within the contract, such as obligations, rights, terms, and conditions agreed upon by the parties involved. Regardless of the specific type, all San Antonio Texas Commercial Affidavits of Truth adhere to the same fundamental purpose — to provide a sworn, factual account of the details pertaining to a commercial transaction. These affidavits play a vital role in legal proceedings, allowing for the establishment of truth and reinforcing the integrity of commercial transactions in the city of San Antonio, Texas.
