Affidavit for Court

Common Uses

• Written Testimony – Instead of appearing in court, a witness may provide their written statement by submitting a notarized affidavit.
• Supporting Requests – Affidavits can help persuade the court to grant a motion, such as a request for a protective order, fee waiver, or change in custody, by including firsthand evidence or personal knowledge.
• Summary Judgments – In some cases, affidavits are used in place of live testimony to support motions for summary judgment or to waive a personal appearance at trial.

Requirements for a Court Affidavit

To be accepted by the court, a valid affidavit must include the following:

• Court and Case Information – List the name of the court, the case number, the parties involved, and the jurisdiction (county and state).
• Affiant Information – Include the affiant’s full legal name and address. Some jurisdictions require an occupation or a statement about their relationship to the case.
• Statement of Facts – Present the facts clearly and truthfully. The affidavit must include a sworn declaration that the information provided is accurate to the best of the affiant’s knowledge.
• Signature and Date – The affiant must sign and date the affidavit when their sworn statement becomes official.
• Notarization – A notary public must witness the affiant’s signature.