Affidavit
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Plain-English Meaning
A written statement of facts that the signer swears is true under penalty of perjury. Affidavits are used in court to present evidence, support motions, and establish facts when the person cannot testify in person.
Legal Context
In New York courts, affidavits must be sworn before a notary public or another person authorized to administer oaths. A false statement in an affidavit can be prosecuted as perjury (N.Y. Penal Law § 210.05 et seq.). Affidavits are used for a wide range of court purposes: supporting bail applications, filing motions to suppress evidence, establishing service of process, and presenting facts on emergency orders. The contents of an affidavit become part of the court record.
Real-Life Example
A tenant facing eviction submitted an affidavit to the housing court stating that she had paid rent in full and attaching copies of canceled checks. Because she could not attend the hearing in person due to a medical emergency, the affidavit allowed her facts to be presented to the judge in her absence.
Related Terms
Source
General legal term. Based on New York court practice and N.Y. Penal Law § 210.05. Original B-Legal plain-language explanation.
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.