Affidavit

Affidavit (from the perfect tense of a barbarous Latin verb, affido—e.g. A.B. affidavit, 'A.B. hath sworn'), an oath in writing, or a written declaration made before a magistrate, or other person legally authorised to administer an oath, the truth of which is confirmed either by an oath sworn, or a solemn affirmation emitted in terms of 18 Vict. chap. 25, and the other statutes referred to under AFFIRMATION. Where evidence is required in England to be laid before a court, it is frequently given by affidavit, and not by oral examination. This is almost invariably the case on interlocutory applications before trial—e.g. for discovery of documents. Many isolated facts require proof by affidavit—e.g. service of proceedings; the condition of a will with alterations of which probate is asked, &c. Where the whole evidence is given by affidavit, a practice discouraged in England since the union of the Common Law and Equity Courts, the plaintiff first files his affidavits in chief, and these are replied to by the defendant's affidavits. The affidavit consists of title, body or statement, and jurat. An affidavit ought to set forth the matter of fact only, and not to declare the merits of the cause, of which the court is to judge. The name and designation of the party making the affidavit are written at length, and he signs it at the foot. When the paper is shown to him, he is required to swear or affirm that its contents are true, and that the name and handwriting are his. Affidavits in all the English courts must be taken and expressed in the first person of the deponent. The Jurat specifies the officer before whom, the place where, and the time when it was sworn, and this is signed by the officer or magistrate. When an affidavit is sworn in open court, that circumstance is mentioned, and no officer is named. In Scotland, voluntary affidavits are not generally received as evidence, because they are ex parte statements, no opportunity being afforded for cross-examination. To this rule, however, there are exceptions. Claimants are required by the Bankrupt Statute to lodge their claims with affidavits or oaths of verity; but these may be rejected by the trustee, and are in no sense conclusive. An affidavit is sometimes required also at common law, as in applications for warrants in meditatione fugæ, and, as in England, on various interlocutory applications—e.g. for postponement of trial, or for commission to examine before trial sick and aged witnesses. Apart from judicial proceedings, affidavits are required by imperial statutes in a great many circumstances which make a deliberate and formal statement, under the sanctions of perjury, desirable in the public interest. By statute in 1836, justices are prohibited from taking affidavits in matters as to which statutory jurisdiction has not been conferred on them. Scottish justices can act in England, and vice versa. In the United States the law is very similar. The affidavit of parties to a cause is received upon incidental questions addressed to the court, and auxiliary matters not affecting the issue. An affidavit made solely on information or belief is not sufficient for the arrest of any person charged with an offence against the laws of the United States.