Making Affidavits Flashcards
What is an affidavit?
It is a sworn statement in writing made especially under oath or on affirmation before an authorized officer to administer oath
It may be treated as a legal document if it complies with the requirements set by law
May be used to state a testimony over a set of facts, events, and other relevant matters to which a person executing the affidavit has personal knowledge and makes no falsity in making the same
Who usually prepares an affidavit? (4)
- Lawyer
- Paralegal/social workers
- Law enforcement officers
- Affiant him/herself
LELA - Lawyer,Enforcement, Paralegal, Affiant
Kinds of affidavits (3)
- Affidavits in Question and Answer form
- Affidavit in Narrative form
- Judicial Affidavits
QaNJ - Question&Answer, Narrative, Judicial
Main parts of an affidavit (6)
- SS or scilicet
- Caption
- Personal circumstances of the affiant
- Content proper
- Name and signature of affiant
- Jurat and/or certification
SCP - CNJ - Scilicet, Caption, Personal - Content, Name, Jurat
What composes the content proper as a main part of an affidavit? (2)
- Purpose for executing the affidavit
- Case facts and other relevant matters
PF - Purpose, Facts
What do you mean by SS? What does it translate to?
Scilicet, meaning “specifically in this place”
What is the rule in writing the Scilicet?
Indicate the place where document was prepared and subscribed to
What are the viable captions/titles of the affidavit? (5)
- Sinumpaang Pamahayag
- Sworn Statement
- Affidavit in question and answer form of ________(e.g., Loss)
- Judicial affidavit of ______(e.g., loss)
- Affidavit
What are the personal circumstances of the affiant that must be indicated? (4)
- Name
- Age
- Marital Status
- Residential Address
NAMR - Name, Age, Marital, Residential
What is the rule on additional information about the affiant?
State only relevant/material information
What should be included in the content proper? (6)
- Purpose of executing the affidavit
- What happened before-during-after the incident
- Reaction/response towards the set of events
- Reason/s on the responses/actions you have made in the course of the incident
- Manner of learning the facts stated in the affidavit
- *Attach necessary documents/evidence to support the claim
PWR-RMA - Purpose, What happened, Reaction, Reason, Manner, Attachments
What information should be gathered in writing an affidavit?
Material and relevant information only
In affidavits for criminal cases, what is the rule?
The facts of the case MUST establish the ELEMENTS of the CRIME sought to be established
What is the difference between affidavits subscribed before a fiscal and those before a notary public?
In the affidavit sworn to before a fiscal, the affiant swears to the truthfulness of such affidavit while in that of a notary public, it cannot be found that the affiant swears to the truthfulness of such affidavit
Additional reminders in writing an affidavit (10)
- Affidavit must be known to and understood by affiant(purpose of the jurat)
- State in verbatim
- Do not supplant with your own language
- For child witnesses, the should be assisted by persons exercising parental authority
- Arrange facts sequentially (chronologically?)
- One item, one thought
- No need to discuss the laws. Let the facts speak
- Clarity, specificity, and conciseness as hallmarks of legal writing
- Let the affiant read the draft first before notarization
- If the affiant is not personally known, ask for his/her government-issued ID
