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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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Recent Affidavit Questions

  • I have filed a complaint in the superior court concerning a

    I have filed a complaint in the superior court concerning a claim in the state of GA. I am filing the complaint Pro Se and have followed all of the court room rules and procedures. It has been duly noted that this has occurred. Inside of my complaint I had court jurisdiction, parties, background facts, argument and citations to authority, no dismissal, statement of claim, Clouds and Conclusion. I also had ad Affidavit that I signed along with a Certificate of service relating to the defendant, along with the exhibits. I filed my complaint at the local superior court filing window properly and I sent a copy of the complaint to the defendant by regular mail along with Process serving the defendant with a process server in the defendant state. I received the process affidavit of service back showing it was properly served by me paying the fee to serve them. Some time after this my suit got placed on the no service calendar for service that has not been perfected prior to the calendar call. Three days before the court date, I filled the return affidavit of service in the local court house showing that I did perfect service. At the end of the calendar call the judge informed me  and the defendants attorney that everything was right but that I had jumped ahead and even though I had served the complaint it was not perfected. The defendant did not have an issue with perfecting service.   The Judge then gave me a 45 day time frame and and Order - extending time to perfect service.  With this said, what did I leave out of my complaint  if anything? Additionally, would I need to file a new motion asking for service to be perfected alone and resend and refile or would I just amend the original complaint and add an order with me as the plantiff and the defendant  allowing the judge to sign and instruct what to do from my conclusions? Any assistance would be greatly appreciated?

  • My mothers estate has been in probate for over a year now.

    My mothers estate has been in probate for over a year now. The lawyer really dragging his feet. I have wrote letters, and called, still no good answers. The estate is woth less than20.000. Can I fire him? And how do I do that?
  • I have a 30 yr old deaf son who has also been diagnosed paranoid

    I have a 30 yr old deaf son who has also been diagnosed paranoid schizophrenia, he has been deaf since birth and mentally ill for approx. the last 10 yrs. last week he was delivered an order of protection that a therapist had filed on him because he was sending her off the wall text messages throughout one night. the texts you could tell he was actually talking about an old girlfriend and just off the wall random things that didn't make sence. She also filed in this report that he is mentally handicapped and that she knew he was off his meds. She claims that my son got her phone # ***** facebook which i know is a lie, my husband was right in the office before when she didn't get an interpreter and she and my son text back and forth. She has not been his therapist since 2011. My son got a hold of the police last Sunday morning about 3:30 a.m. asking for help, they took him to Greeley Co hospital emergency room and they kept him there for 2 days in the ER, when I went to see him Monday night they informed me that I could not see him with no other explanation. Tuesday morning my husband called the hospital to find out what was going on and we found out they transported him to a mental health facility almost 70 miles away??? We were never informed about any of it until we called. What is your opinion and do you think hepa laws have been violated by this therapist and what about her using her phone to communicate not an interpreter??
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