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Legal Questions about Affidavits

What is an affidavit?

In context of law, it is a written declaration made under oath; a written statement sworn to be true before someone legally authorized to administer an oath. There are used extensively in court proceedings and recorded, if necessary. Read below where our Experts have provided answers to questions on various aspects of affidavit and its legal implications.

What does TCA mean in an affidavit of complaint?

In the state of Tennessee, TCA stands for Tennessee Code Annotated as per Tennessee Statues. While filing the affidavit related to theft of vehicle or other personal property, the police or District Attorney would fill it in.

What is a self-serving affidavit?

As per the laws in Florida, it’s an affidavit made by the person advocating their position, who needs it or is using it.

Is it sufficient to have the affidavit state the individual has personal knowledge of the allegations in paragraphs in an affidavit in support of a complaint?

In Indiana, if the allegations contained in the complaint are true and best of one’s knowledge if stated upon in information and belief it provides verification and considered sufficient in the affidavit of complaint.

How are affidavit or contracts recorded?

In state of Michigan, most contracts are kept in the records of the people who wrote them, and not recorded most of the times. Wills are not filed or recorded until probate. It is needed to record an affidavit when it is attached to a real property and no pending court case. Most affidavits are used is in the court proceedings where there is court case pending, so need doesn’t arrive to record them.

The county recorder office does not record affidavits unless they are related to a specific piece or real property.

Does eye witness’s affidavit hold sufficient evidence as testimonial document?

No, an affidavit is not considered to be testimonial evidence because the person making the affidavit is not subjected is not subjected to cross examination. Testimonial evidence is when a person is sworn, under oath gives testimony and is subjected to cross-examination.

An affidavit can be form of evidence but it’s not considered to testimonials. A person making an affidavit also has to be able to testify if called upon on hearing. h2> In an affidavit, what are the required elements to make it an attachment to a motion not hearsay? What are the documents not considered hearsay? The affidavit of declaration must have the following elements;
(a) be a sworn statement made on a personal knowledge;
(b) set out facts admissible in evidence; and
(c) show that the affiant or declarant is competent to testify on the matters stated.

The following documents are not considered hearsay;
(1) Statements for the purpose of medical diagnosis or treatment.
(2) Records of regularly conducted activity.
(3) Public records and reports.
(4) Records of vital statistics.
(5) Records of religious organizations, such as statements of birth, marriages, divorces, deaths, legitimacy, etc.
(6) Marriage, baptismal and other similar certificates.
(7) Family records, such as family bibles, engravings and rings, family portraits, inscriptions on crypts and tombstones.
(8) Records of documents affecting an interest in property.
(9) Statements and documents affecting an interest in property.
(10) Statements in ancient documents. That is documents that have been in existence 20 years or more.
(11) Market reports, commercial publications.
(12) Learned treatises.
(13) Judgment of previous conviction.
(14) Judgment as to personal, family or general history or boundaries.

An affidavit is an important piece of legal documentations used especially in court proceedings. It is considered a document of trust and is signed by affiant and notarized by public or commissioner of oaths. Each state has its own pre-requisites and procedures for filing and recording of affidavit. If you have any questions on affidavit in your state of residence, you could ask the Experts for easy, quick and affordable answers.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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