With regard to our commitment to create content-filled videos that cover diverse areas of Labor Law to educate and deliver in a sense that only Miletti Law® can, this blog post introduces you to yet another training video titled “Affidavits 101 – Key Elements In Preparing Affidavits.” You are probably conversant with affidavits, which are key components of motions. By way of backdrop, a motion is a formal document through which you ask a court to do something. For instance, you may file a motion to dismiss a complaint, seek injunctive relief, or even compel the other side to produce evidence. From a legal perspective, a good motion should have a motion notice (think of it like a court’s version of a cover letter), the actual motion document, and an affidavit.
From a legal sense, an affidavit is a sworn statement put in writing. Usually, an affidavit is used to claim that the information, statements, and facts within the documents are correct and true to the best of your knowledge or that of someone who voluntarily gave the testimony. In this regard, this blog post and the video it has been adapted from provide you with key information regarding the bare minimum and essential requirements for an affidavit.
For starters, an affidavit should have four big characteristics, including (1) an affidavit must be in writing, (2) it must be a declaration from an individual referred to as an affiant, (3) it must be from the first point of view (the affiant must be speaking for themselves), and (4) must be signed and notarized by the affiant directly.
Another key aspect is that you must include a mandatory language that should begin and flow throughout the affidavit, as explained below:
- To my knowledge, all of the facts stated in this affidavit are true and correct.
- I am over 18 years of age. I reside at [______________]. I am fully competent to make this affidavit, and I have personal knowledge of the facts stated in this affidavit.
- I am familiar with all of the papers and proceedings in this action and with all the facts and circumstances set forth below.
Additionally, make sure your affidavit touches on the following key things:
- Who the affiant is (the affiant should express themselves fully using all appropriate names and titles where applicable).
- The affiant’s relationship to the person (the affiant should specifically state how they are related to the person/party/entity filing the motion).
- Why the affiant is qualified to render an opinion on the subject matter (while this could be implied in some situations, for instance, a spouse testifying in divorce proceedings or a CEO of a company testifying for the company).
- Why the affiant’s opinion is reasonable and makes sense (the affiant should not just blurt out facts and information; they should be able to create credibility and demonstrate why their opinion is reasonable and makes sense).
Affidavits must generally be made on personal knowledge. See, e.g., Gogos v. Modell’s Sporting Goods, Inc., 926 N.Y.S.2d 53, 57 (N.Y. App. Div. 2011). State that the affidavit is based on personal knowledge, and then, in the body of your affidavit, provide the basis of this knowledge.
In addition, you should remember to explain briefly who the affiant is and how they are connected and related to the litigation. This should be a brief introduction to give the court some context behind who the affiant is and their relationship and connection to the litigation. If the affiant needs to provide greater background information or qualifications, they should do that in a separate section in the body of the affidavit.
In general, an affidavit should be concise and easy to read. Each paragraph should contain a single statement or fact. You should use headings to divide and organize the document as appropriate, especially if your affidavit is lengthy. You must provide enough information to demonstrate that the affiant is credible and has personal knowledge, or sufficient grounds for information and bases of belief, of the information contained in the affidavit. See, e.g., Gogos v. Modell’s Sporting Goods, Inc., 926 N.Y.S.2d 53, 57 (N.Y. App. Div. 2011).
Nonetheless, should you be stuck along the way while drafting your affidavit, Miletti Law® just got your six because assistance is a call or email away! Accordingly, please feel free to watch our Video.
As we continue hammering on new stuff daily, stay tuned for more educative videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.