The term affidavit has the unusual distinction of being a legal term many people have probably heard before. In Latin affidavit basically means “to swear an oath” which is exactly what an affidavit is.
An affidavit is a sworn document that can be used as evidence in court, often when the person is not able to make an appearance in person. An affidavit must be sworn to be the truth and they can be used and treated as evidence under section 3 of the Evidence Act. Due to their importance, lying in an affidavit is a serious offence and if it is proved a person has lied in an affidavit then they could face serious charges.
When are affidavits used?
Affidavits can be used in conjunction with or in place of witness testimony, to gain the approval for a search or arrest warrant or they can be used to prove an alibi.
Affidavits are also commonly seen in the family court and can be used in a range of different cases, for example, divorce proceedings, property disputes and debt cases to name just a few. However, affidavits cannot be sworn in as evidence if your case is brought in by the high court.
The accused does have the right in certain cases to confront the accuser, so the person making the affidavit may be asked by the court to testify in person. Although this is more likely to occur in American courts due to the confrontation clause under the sixth amendment.
How Can Able Investigations Help?
At Able Investigations we can help you with a wide number of legal services, this includes process serving and affidavits. We also provide affidavits as part of our service and you have the peace of mind in knowing that we have never had a case thrown out of court because of our statements/ documentation.
Able Investigations can assist with a variety of legal matters and offer enforcement solutions for issues like repossessions or squatters. Collecting witness statements/ affidavits is an important part of many legal matters so you can always trust our team to ensure all requirements for your individual legal proceedings will be met.
We combine the practices and skills of our experienced team members which includes: ex-Police Officers, Military, our commercial surveillance team and many other skilled individuals.
An affidavit can strengthen your case in numerous ways and you can trust the team at Able Investigations to ensure any affidavits we prepare and present in court are fully formed and professional. Affidavits must be well drafted, understandable and persuasive and we will ensure all the important criteria is met.