Affidavit

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Affidavits

Affidavit vs. Declaration: What's the Difference Anyway?

How to Write an Affidavit

How to write an affidavit letter

Affidavit in Proper Form

D.I.Y. Affidavit - Declaration 031217.pdf

D.I.Y. Affidavit - Declaration Overview 031217.pdf

AN AFFIDAVIT is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath. Cox v. Stern, 170 Ill. 442, 48 N.E. 906, 62 Am.St.Rep. 385; Hays v. Loomis, 84 Ill. 18.

If there’s anything in Common Law, Grand Jury, or Assembly that’s important for everyone to understand its to do affidavits. That’s how we get to the truth in our common law system.

A written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.

There is a process in writing an affidavit. You write the story out paragraph by paragraph along a time line with facts and evidence. You support every claim of a fact with a piece of evidence if you can. Once in awhile you may need to include a fact that isn’t supported by evidence. The rule of thumb is, you want undeniable evidence to support a fact.

The people on the opposite side who will receive the affidavit will have a terrible time rebutting anything when undeniable evidence supports the facts. What is undeniable evidence? It is evidence in their own documentation. If the board of commissioners issue an unconstitutional, or even illegal executive order, you grab that as they publish it on their website and put it into you affidavit as an exhibit. If you want undeniable evidence of when they passed it, you get minutes of that meeting for your exhibit.

Key Questions We Try to Answer in Each Paragraph:

For completeness each paragraph answers who, what, when, where, why, how & how much. It doesn’t matter what the order is in the paragraph. Who did what, when, where and if possible, why. The “who” must be identified as the full name of the individual(s), not an office. There must be named humans. Then how did they do it and how much did they do? The why is the toughest to answer because you must presume intent. Since the why is speculative it usually is left out unless there are proven facts. To get to the “why” you may be able to interview them and get an affidavit that supports the “why”.

Each paragraph stands alone as a fact based event

In the Administrative Procedures Act, if an affidavit sent through the registered mail hasn’t been rebutted 3 times it stands.

The court is an administrative tribunal,, in Common law court its a judicial tribunal. In an administrative tribunal they'll put whatever rules on paper that they want to. When they break the common law you have to hold them to account through the affidavit process.

• Maxims of Law are the foundations of Law.
• Maxims of Law are based on God’s Laws, therefore are fundamental and immutable, remove the foundation, and all falls [Luke 6:48]. All claims fail without foundation
• An unrebutted Affidavit [or sworn Declaration] becomes the judgement in Law.
• An Affidavit must be rebutted line-by-line, in substance, by[an] Affidavit.
• An affidavit is a court.
• Claims made in an Affidavit, if not rebutted, emerge as the truth of the matter.
• A court can only declare what the law is and whether consistent with the law of God, and the fundamental or constitutional law of society -The State v. Post, 20 N.J.L. 368,370 (1845) (Video)
• “Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.” Cooley, Const. Lim. 441.

Here are some common types of affidavits:

1. General Affidavit: A general affidavit is a broad statement that can be used for various purposes. It typically includes the affiant’s personal details, a statement of facts, and a declaration that the information provided is true and accurate to the best of their knowledge.
2. Affidavit of Identity: This type of affidavit is used to verify a person’s identity. It may be required in situations such as applying for official documents, opening a bank account, or dealing with legal matters.
3. Affidavit of Residence: This affidavit attests to a person’s current address or residence. It may be required for purposes like obtaining a driver’s license or enrolling in school.
4. Affidavit of Support: Often used in immigration matters, this affidavit is a promise to provide financial support to someone, such as a family member, who is seeking entry into a country.
5. Affidavit of Name Change: When an individual legally changes their name, they may need to submit an affidavit confirming the change. This is often part of the process for updating identification documents.
6. Affidavit of Small Estate: When someone passes away, and their estate is relatively small, an affidavit of small estate may be used to facilitate the transfer of assets without going through a full probate process.
7. Affidavit of Service: This affidavit is used to confirm that legal documents, such as court papers or notices, have been properly served to the parties involved.
8. Affidavit of Marriage: Sometimes required for immigration or other legal matters, this affidavit verifies the marital status of an individual and may include details about the marriage.
9. Affidavit of Loss: When important documents or items are lost, an affidavit of loss may be required to attest to the circumstances of the loss.
10. Affidavit of No Income: In situations where an individual has little or no income, this affidavit may be used to declare their financial status.

It’s important to note that the specific requirements and formats of affidavits may vary based on jurisdiction and the purpose for which they are being used. In legal matters, it’s advisable to consult with a legal professional to ensure compliance with local laws and regulations.

Important notes:

1. The affidavit should be written in clear and concise language.
2. Each statement of fact should be its own numbered paragraph.
3. The affiant’s signature must be witnessed by a notary public or another authorized official.
4. The notary public section includes the notary’s signature, printed name, commission number, and commission expiration date. The notary’s seal or stamp is also typically affixed.

Always check the specific requirements and rules regarding affidavits in your jurisdiction, as they may have specific formats or additional requirements. If you are unsure about the legal implications of the affidavit or its proper execution, it’s advisable to consult with a legal professional.