What term defines a sworn statement made by a party, in writing, in the presence of an oath commissioner or a notary public?

The correct answer is Affidavit.

Key Points

• An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court.
• It must be signed before an authorized person, such as an oath commissioner or a notary public.
• Affidavits are used in various legal proceedings, including civil and criminal cases, to present facts that the affiant swears to be true.
• They are often required for legal processes like property disputes, name changes, or in support of motions and petitions.

Additional Information

• Notary Public
  • A notary public is an official authorized to perform acts in legal affairs, particularly witnessing signatures on documents.
  • They ensure the authenticity of the signing parties and help prevent fraud.
  • Notaries also administer oaths and affirmations, certify copies of documents, and provide acknowledgments.
• Oath Commissioner
  • An oath commissioner is appointed to administer oaths and affirmations and to certify affidavits.
  • They play a crucial role in ensuring that the contents of the affidavits are true to the best knowledge of the affiant.
• Legal Uses of Affidavits
  • Affidavits are used in court cases as evidence to support claims or defenses.
  • They may be required in various legal transactions, such as real estate deals, to verify identity, residency, or ownership.
  • In family law, affidavits can be used in matters like child custody, divorce, and adoption proceedings.
• Types of Affidavits
  • Common types include affidavits of support, affidavits of residence, and financial affidavits.
  • Each type serves a specific purpose and must comply with the relevant legal standards and requirements.