by Peter A. Belmont / 2013-01-06
© 2013 Peter Belmont

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An affidavit is a legal document, intended to have legal consequence, by which a person swears to the truth of a statement. It is a notarized document, which means that a state official, usually called a notary public, plays a role in the making of an affidavit.

What role the notary plays depends on the state in the USA in which he acts (and is licensed or commissioned). Each state’s legal rules are different.

In New York, my state, the notary: [1] administers an oath or affirmation to the person signing the document, by which the signer affirms the truth of the statements made in the document, [2] signs the document as a witness to the signer’s swearing to the truth of the statements contained in the document, and [3] asserts as well that the signer signed the document in the notary’s presence.

A court is expected to accept the affidavit as an assertion—by the apparent signer of the affidavit—of the truth of the statements contained in the affidavit.

State of New York           )
                                        ) ss:
County of __________     )

The undersigned affiant, [typed name of affiant], being first duly sworn as to the truth of the following statements, subject to the penalties for perjury, hereby deposes and says:

               List of Statements of Fact
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________
[signature of affiant]
__________________________________
[typed name of affiant]
__________________________________
[address of affiant, line 1]
__________________________________
[address of affiant, line 2]
__________________________________
[address of affiant, line 3]
NOTARY’S STATEMENT: On the [day] day of [month] in the year [20xx] before me, the undersigned, a Notary Public or Commissioner of Deeds duly commissioned by the State of New York, personally appeared [typed name of affiant], proved to me on the basis of satisfactory evidence to be the individual whose name and address are subscribed to the within instrument and, having sworn to or affirmed the truth of the statements made in the within instrument subject to the penalties for perjury, did sign the within instrument in my presence.

          [Notary Seal:]

__________________________________
[signature of Notary]
__________________________________
[typed name of Notary]
NOTARY PUBLIC OR COMMISSIONER OF DEEDS

My commission expires: ________________, 20____.

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