Home > West's Encyclopedia of American Law > Affidavit

A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.

Distinctions

An affidavit is voluntarily made without any cross-examination of the affiant and, therefore, is not the same as a deposition, a record of an examination of a witness or a party made either voluntarily or pursuant to a subpoena, as if the party were testifying in court under cross-examination. A pleading—a request to a court to exercise its judicial power in favor of a party that contains allegations or conclusions of facts that are not necessarily verified—differs from an affidavit, which states facts under oath.

Basis

An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief...