An affidavit is a sworn statement of fact, made by someone under oath. It is often used in court proceedings and other legal matters. In the state of Texas, affidavits are commonly used in personal injury cases to provide evidence that a certain event occurred or that a certain set of facts are true.
Uses in Personal Injury:
Affidavits are a great resource in the pre-trial process, since they can give both sides an idea of what a witness would likely testify to. Though helpful for quicker resolution, affidavits fall short when compared to sworn testimony given during trial or deposition; key questions cannot be asked and clarified with this document alone because there is no judge present who could enforce any rules. Due to its limitations, affidavits typically only see use before legal proceedings reach full swing and not on the stand itself.
How an Affidavit is Prepared:
In order for an affidavit to be accepted by the court, it must follow certain procedures and guidelines. First and foremost, it must be signed and notarized by both parties involved in the dispute. The document should also include information about who wrote the affidavit (the “affiant”), why they wrote it (i.e., what purpose it serves), where they live/work, their contact information, etc. Furthermore, any facts included in the affidavit must be backed up with other evidence such as photographs or witness statements. Finally, after preparing the document, both parties must sign it before presenting it to the court or other relevant authority.
When is an Affidavit Necessary?
In some cases, such as those involving disputed paternity rights or property ownership disputes, affidavits are required by law before any legal action can take place. In other instances—including most personal injury claims—an affidavit may simply provide additional evidence for use during trial proceedings if needed. Either way, having an accurate and detailed affidavit can help strengthen your claim and increase your chances of success in court.
Oath, testimony, sworn statement