An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.
The formal requirements of an affidavit usually are:
" The identification of the place where the affidavit was taken (i.e., the venue);
" The signature of the affiant (i.,e., the person giving the affidavit); and
" The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.
An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person. Affidavits may preserve the testimony of persons who are unable to appear in court due to illness, incarceration, moving out-of-state, death, etc. Judges frequently accept an affidavit instead of the testimony of the witness and are used in place of live testimony in many circumstances (for example, when a motion is filed, a supporting affidavit may be filed with it).
An affidavit generally consists of statements of fact regarding the issue at hand.
In the case of United States v. Williams, (8th Cir.2009), John Jacob Williams had convicted by a jury of conspiracy to distribute cocaine and crack, possession with intent to distribute cocaine and crack, and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 300 months by the district court. During the trial phase, he filed such a Commercial Affidavit of Truth and a Brief. The Court stated:
"Williams appeals, asserting violations of the Speedy Trial Act and the Sixth Amendment. Williams' Brief on Title 18 and Affidavit of Truth are properly considered motions." (footnote 3).
US Legal Forms, Inc., does not endorse the use of such an Affidavit.
A sample affidavit for one and the same person is a legal document used to affirm that an individual is known by two or more different names but is, in fact, the same person. This type of affidavit is often needed in various situations such as updating legal documents, obtaining government identification, or resolving discrepancies in records. A well-crafted affidavit should clearly state the names involved and provide the necessary details to support the claim. Here is an example of a detailed sample affidavit for one and the same person: --- AFFIDAVIT State of [State Name] County of [County Name] I, [Your Full Name], currently residing at [Your Address], do solemnly swear under penalty of perjury that the following statements are true and correct to the best of my knowledge: 1. I am the same person known as [Name A] and [Name B]. Both names refer to one and the same person, namely myself. 2. [Name A] is my birth name, which appears on my birth certificate, issued by [Issuing Authority/Department] on [Date of Issuance]. I have used this name consistently throughout my life. 3. [Name B] is an alternative name I have been commonly known by due to various reasons such as marriage, adoption, or personal preference. I started using [Name B] on [Date when Name B was first used] for the first time. 4. I wish to clarify that there is no fraudulent or malicious intent behind the use of these different names. It is merely to simplify and streamline my identification records, ensuring consistency and accuracy. 5. To demonstrate the connection between the two names, I have provided relevant supporting documents such as [List of supporting documents, e.g., marriage certificate, court order, identification card, etc.]. These documents reflect the link between [Name A] and [Name B], further confirming that I am the same person. 6. I understand that furnishing a false affidavit may lead to legal consequences and I declare that all the statements made in this affidavit are true and genuine. Signed this [Day] day of [Month], [Year]. [Your Full Name] [Your Address] [City, State, ZIP] --- Different types of sample affidavits for one and the same person may exist depending on the purpose or jurisdiction. Some common variations may include: 1. Sample Affidavit of Marriage Name Change: Used when a person changes their name due to marriage and needs to assert the connection between the birth name and the married name. 2. Sample Affidavit of Adoption Name Change: Pertains to individuals who have changed their name after being adopted. This document helps affirm the continuity between their birth name and their adopted name. 3. Sample Affidavit of Usage for Alternate Name: Focuses on individuals who have been consistently using an alternative name, unrelated to marriage or adoption, and need to establish the link between their birth name and the alternate name. It is crucial to refer to local laws and regulations and consult with legal professionals or notaries when drafting or using sample affidavits to ensure compliance and validity.
Free preview Affidavit Of Truth Letter
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