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What is an Affidavit?

A sworn statement that is made under oath is known as an affidavit. It is preferred to have this statement signed in the presence of a notary public and notarized by a notary. However, certain court proceedings could allow for something other than an affidavit to suffice as a sworn statement. In federal cases, you can have a declaration attested to under penalties of perjury instead.

Can two people sign an affidavit?

In general, it is possible for two people to sign an affidavit if they are both named in it and are swearing to the same set of facts. However, cases can differ and the specific details may determine whether two people can and should sign one.

Where can one get an affidavit notarized?

You could either visit a bank or an attorney’s office to get your affidavit notarized.

In Texas, can an affidavit be put on legal paper 8 ½x14”?

According to the Texas Rules of Civil Procedure, the pleadings need to be made on 8 ½” by 11” paper. Any affidavit that is attached to the pleadings has to be of the same size. There is no mention in the rule about other the required size of documents.

Can a client represent himself and give an affidavit to the jury if he has no money to hire an attorney?

An individual can represent himself. Irrespective of whether the individual is represented by an attorney or not, the rules of evidence will not differ. However, if the individual is represented by a lawyer the court doesn’t need to allow the individual to also question witnesses.

If a client has not paid the full amount agreed to, due to being dissatisfied, should a subcontractor go ahead and sign the affidavit and fight for the rest?

Signing the affidavit could work to your disadvantage. It would be seen as an Accord and Satisfaction of a disputed amount owed and you couldn't claim it back from the client once the affidavit is signed. Therefore, the “accord” becomes the agreement to dismiss the original obligation while the “satisfaction” becomes the legal “consideration” that will end up binding all concerned parties to the contract.

Public officers who are authorized by law to administer oaths and affirmations can take affidavits. Generally, all must contain the affiant’s address, the date on which the statement was made, the place where the statement was made and the signature of the affiant. All the contents need to be true and accurate and the affiant is strictly responsible for this. In the event that false statements are made, the court can prosecute for perjury.

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