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Affiant

Definition - What does Affiant mean?

An affiant is the person who signs an affidavit, which is a written statement of information pertaining to a legal case. The affiant must confirm the statement under oath. The statement is witnesses by a notary, Justice of the Peace, or another legal authority.

What is an affidavit?

The affiant will be asked to sign a formal written statement of facts about their case referred to as the affidavit. The affidavit is the primary means to present evidence about the claim to the court.

Affidavits must be accurately prepared, whether the work is performed by the affiant or with the help of an attorney. To ensure accuracy, courts may have blank affidavit forms which can be used by affiants. Information included in the affidavit will vary based on the type of claim and the issues of the case.

For instance, if the affiant is making a statement for a family custody claim their affidavit may contain information about who has been the primary caregiver of the child, safety concerns for the child, and any other issues that relate to a child custody order.

Regardless of the type of affidavit, the affiant should include any facts they believe are relevant to support their case. The affidavit should not simply state the affiant’s opinion, but it should, instead, include facts to substantiate their claims. The affidavit will be the means for the affiant to give a personal account of their evidence. It should generally not rely on hearsay (exceptions exist under the hearsay rule).

The length of the affidavit may also vary; however, it can be quite long and detailed if the legal case is complex.

Do I need help as an Affiant?

All legal work can be done without hiring a lawyer, but most affiants seek legal help. Court staff may be able to provide general information about what should go in the affidavit, questions about the standard court forms, or the court’s process, but they cannot provide legal advice or help prepare the affidavit.

Relevant information about the affiant

General information which should be included by the affiant on the affidavit include the affiant’s name and signature, the date and place the affidavit was signed, the address of the affiant, the affiant’s age or date of birth, the occupation of the affiant, the immigration status of the affiant, and the relationship of the affiant to the litigant(s).

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