Can Affidavit Be Used as Evidence? (Common Uses & More)

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Many of my clients who had to sign an affidavit for personal or business-related affairs asked me if an affidavit would be presented in court as admissible evidence during a trial.

To understand the answer to this, it is essential first to understand what affidavits are and how they work in a particular case. Having years of legal experience, I can confirm that an affidavit is a sworn statement of fact with various legal implications.

Here’s everything you need to know about it.

Quick Summary

Courts, lawyers, and financial institutions rely on affidavits for legal and official matters.
Affidavits can be admissible in court, but the person must testify in person for it to hold weight as evidence.
Signing an affidavit with false statements is illegal and can result in serious consequences.

What Is an Affidavit?

An affidavit is a legally binding, sworn statement signed and written under oath. It can be used in legal proceedings, business transactions, and government-related matters.

Unlike verbal testimony, affidavits provide a documented record of facts that can be referenced in court.

Affidavit Forms

An affidavit typically includes:

A sworn statement by the affiant (person making the statement) that the information is truthful.
The specific details the affiant is attesting to.
The affiant’s signature, confirming the statement is true to their knowledge.
A notarized verification of the signature by an authorized official.

The affiant signs in front of a witness who has the legal authority to take affidavits. This ensures that the affiant fully understands the significance of their statement before signing.

Common Affidavit Uses

Affidavits serve various legal, business, and personal purposes. Some common types include:

Court Affidavits – Used when a witness cannot appear in court, but their testimony is still needed for legal proceedings.
Self-Proving Will Affidavit – Signed before a notary public to confirm the authenticity of a will.
Affidavit of Power of Attorney – Confirms the validity of a power of attorney before it is used in legal or financial matters.
Financial Affidavit – Required in divorce cases or financial transactions to verify income, assets, and liabilities.
Affidavit of Identity Theft – Used to officially report and certify identity theft to creditors, banks, or credit bureaus.

The Legal Importance of Affidavits

Affidavits hold legal weight similar to sworn testimony in court. The affiant must ensure all details are accurate since submitting false information is a punishable offense.

If the affidavit includes opinions or beliefs, they must be clearly stated as such to avoid misrepresentation.

Can an Affidavit Be Used as Evidence?

Affidavits can be used in legal proceedings under specific conditions. Generally, a person must testify in court for their affidavit to be considered evidence.

Courts uphold the right to cross-examine witnesses, meaning written statements alone are not always sufficient.

"It is well settled that affidavits are not admissible to prove facts in issue at an evidentiary hearing because they are not subject to cross-examination and because they impermissibly shift the burden of proof to the other party."
— Roy D. Wasson, Lawyer

Exceptions Where Affidavits May Be Used

Small Claims Court – Some jurisdictions allow affidavits to verify documents like repair bills or medical reports.
Preliminary Criminal Hearings – In certain cases, victim affidavits may be submitted to establish probable cause before trial.
Motions and Pre-Trial Proceedings – Affidavits can support legal motions before trial, helping establish facts without requiring a witness’s presence.

While affidavits can play a role in legal proceedings, they do not replace live testimony unless explicitly permitted by the court.

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FAQs

What Happens If My Affidavit Contains Errors?

If an affidavit contains errors, it may need to be reissued or amended. Minor errors can sometimes be corrected with a supplementary affidavit.

How Can I Challenge an Opposing Affidavit?

You can challenge an affidavit by presenting evidence that contradicts its claims, questioning the affiant’s credibility, or cross-examining the affiant in court.

Can an Affidavit Be Made Online?

No, affidavits require an in-person declaration and legal signature. Some jurisdictions allow electronic notarization, but the signing process still requires authentication.

What Should I Do After Swearing an Affidavit?

After swearing an affidavit, ensure it is notarized by an authorized official. A notary public will verify your identity and certify that you have sworn to the document’s truthfulness.

Do You Have Questions About Your Affidavit?

Some lawyers think they can use an affidavit at a hearing to decide how much the lawyer should get paid. Even though it is common to get an expert affidavit that says how many hours were worked and what the hourly rate should be, unless the other lawyer agrees that the affidavit can be used, it will not be allowed as evidence.

At Schmidt & Clark, LLP we provide free consultations and have plenty of experience helping our customers through Court proceedings. In addition, we're more than adept at preparing Affidavits. So if you need legal assistance, don't hesitate to contact us.

Can Affidavit Be Used as Evidence? What You Need to Know