Affiant
What Is an Affiant?
An affiant is an individual (or individuals) who files an affidavit, a written statement used as evidence in a court of law.
The affiant must sign the affidavit voluntarily and have the document notarized by a notary public.
What Are Examples of When an Affiant Is Needed?
An affiant is most typically needed in legal cases, including criminal and civil cases, when evidence is needed to support either the defense or the prosecution. An affiant must have personal knowledge of the information they are asserting in the affidavit.
Affiants and the affidavits they sign are valuable in court hearings or trials when the affiant is not available to appear in court, or only the information contained in the affidavit -not in-person testimony- is required.
Affiants in child custody cases
For example, affiants might be needed in a child custody case. If a parent is involved in a custody battle, for example, they may ask people to sign statements that counter a former spouse’s claims. Let’s say the claim is that one parent does not spend any time with the children.
To strengthen their case for custody, the other parent may seek affidavits to the contrary from other adults in the children’s lives. In this case, affiants could include:
- Teachers who testify that the parent is involved in the classroom or with assignments
- Neighbors who see the parent playing with the kids or taking them to the park
- Doctors who have seen the parent at the children’s appointments
- Other parents who have picked up their children from your home after play dates.
Affiants in other cases
Affidavits also can be required outside the courtroom. For example, an affiant may sign an affidavit in order to complete a legal transaction, such as the gift of a house or a car to someone. The signed document provides a written record of the details of the transaction.
Who Can Serve as an Affiant?
There is no age requirement for serving as an affiant. However, in most cases, an affiant is an adult over the age of 18. A minor may be able to sign an affidavit, but it may be necessary to obtain the advice of an attorney to make sure the signature of a minor affiant is valid in your jurisdiction.
The notary public has the responsibility to ensure that the affiant’s signature is valid and that the affiant has signed the affidavit of their own free will without any coercion. When an affiant signs an affidavit, they are putting their name on a sworn statement that the information in the document is truthful and correct to the best of their knowledge.
In this regard, the process is similar to taking a courtroom oath to tell the truth and nothing but the truth.
Whatever the age of the affiant, it is essential that they understand what they are signing as well as the fact that they are swearing the information is true under the penalty of perjury.
What Details Should Be Included in an Affidavit?
The information in the sworn statement the affiant signs can vary according to the situation at hand. However, the affidavit should include the following basics:
- Heading - The affidavit heading typically includes the court case ID and the names of individuals involved in the case. It also has information on the jurisdiction of the case.
- Identification - The affidavit should state the affiant’s relation to the case and why their direct observation, knowledge, or experience is relevant to the case.
- Sworn statement - The affidavit should include a declaration that the information provided is accurate to the best of their knowledge.
- Signature - The affiant signs the document before the notary public, who then officially notarizes the affidavit.
Helpful Resources:
Cornell Law - Affiant
What Is an Affiant?
An affiant is an individual (or individuals) who files an affidavit, a written statement used as evidence in a court of law.
The affiant must sign the affidavit voluntarily and have the document notarized by a notary public.
What Are Examples of When an Affiant Is Needed?
An affiant is most typically needed in legal cases, including criminal and civil cases, when evidence is needed to support either the defense or the prosecution. An affiant must have personal knowledge of the information they are asserting in the affidavit.
Affiants and the affidavits they sign are valuable in court hearings or trials when the affiant is not available to appear in court, or only the information contained in the affidavit -not in-person testimony- is required.
Affiants in child custody cases
For example, affiants might be needed in a child custody case. If a parent is involved in a custody battle, for example, they may ask people to sign statements that counter a former spouse’s claims. Let’s say the claim is that one parent does not spend any time with the children.
To strengthen their case for custody, the other parent may seek affidavits to the contrary from other adults in the children’s lives. In this case, affiants could include:
- Teachers who testify that the parent is involved in the classroom or with assignments
- Neighbors who see the parent playing with the kids or taking them to the park
- Doctors who have seen the parent at the children’s appointments
- Other parents who have picked up their children from your home after play dates.
Affiants in other cases
Affidavits also can be required outside the courtroom. For example, an affiant may sign an affidavit in order to complete a legal transaction, such as the gift of a house or a car to someone. The signed document provides a written record of the details of the transaction.
Who Can Serve as an Affiant?
There is no age requirement for serving as an affiant. However, in most cases, an affiant is an adult over the age of 18. A minor may be able to sign an affidavit, but it may be necessary to obtain the advice of an attorney to make sure the signature of a minor affiant is valid in your jurisdiction.
The notary public has the responsibility to ensure that the affiant’s signature is valid and that the affiant has signed the affidavit of their own free will without any coercion. When an affiant signs an affidavit, they are putting their name on a sworn statement that the information in the document is truthful and correct to the best of their knowledge.
In this regard, the process is similar to taking a courtroom oath to tell the truth and nothing but the truth.
Whatever the age of the affiant, it is essential that they understand what they are signing as well as the fact that they are swearing the information is true under the penalty of perjury.
What Details Should Be Included in an Affidavit?
The information in the sworn statement the affiant signs can vary according to the situation at hand. However, the affidavit should include the following basics:
- Heading - The affidavit heading typically includes the court case ID and the names of individuals involved in the case. It also has information on the jurisdiction of the case.
- Identification - The affidavit should state the affiant’s relation to the case and why their direct observation, knowledge, or experience is relevant to the case.
- Sworn statement - The affidavit should include a declaration that the information provided is accurate to the best of their knowledge.
- Signature - The affiant signs the document before the notary public, who then officially notarizes the affidavit.
Helpful Resources:
Cornell Law - Affiant