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They are often used in court to serve as evidence toward a singular side in a dispute, or to affirm a claim that someone is making. If you knowingly sign an affidavit that contains false information you could risk losing your case, as well as face a potential charge of perjury.
Is an affidavit enough?
Affidavit is not treated as evidence within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination.
What is the purpose of an affidavit?
After filing, an affidavit is examined for its accuracy and adherence to legal requirements. It then becomes part of official court records and is accessible to relevant parties. Attorneys may use the affidavit to understand the merit of a case, cross-examine witnesses, and challenge or prove claims.
What happens after signing an affidavit?
Affidavits are important because they provide a legally binding declaration of facts, which can be used as evidence in court cases, property transactions, and identity verification, ensuring the credibility and authenticity of the information provided.
How legally binding is an affidavit?
A legal affidavit must be signed by the person making the statement to be considered legally binding. In many cases, the affiant must also sign the document in front of a witness. That witness is often the notary public, but they could be anyone willing to swear the signature is authentic.
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An affidavit is admissible evidence, although some courts may consider it hearsay and require you to testify to the affidavit in order to avoid this distinction. Thus, you should never assume that signing an affidavit will exempt you from testifying in court as a witness.
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