An affidavit states facts within the affiant's personal knowledge, signed under oath before a notary public or other authorized officer. It must show the basis for the affiant's knowledge.
It differs from a declaration, which is signed under penalty of perjury without notarization.
Alternative Names:
Sworn Affidavit, Sworn Statement
Why it Matters?
Personal knowledge is the requirement that defeats most challenged affidavits, since statements based on information and belief or on review of records the affiant did not create are subject to being stricken. In summary judgment practice the affidavit must also set out facts admissible in evidence, which excludes hearsay and conclusory assertions. Building the knowledge foundation into the affidavit itself avoids the challenge.
Frequently Confused with
Related terms
Frequently asked questions
What defeats an affidavit on summary judgment?
How does an affidavit differ from a declaration?
