What is an “affidavit” in legal evidence?

An affidavit is a formal written statement that is made under oath or affirmation, affirming the truth of the contents within it. This legal document is crucial in evidence law because it serves as a means to present statements as factual evidence in court proceedings. The person making the affidavit, known as the deponent, swears or affirms the veracity of the information contained in the document, which can be used for various legal purposes, such as supporting motions or applications, and can be accepted as evidence without the need for the deponent to appear in person.

The importance of an affidavit lies in its reliability and the legal weight it carries due to the oath taken by the deponent. This process ensures that individuals are held accountable for the truthfulness of their statements, which reinforces the integrity of the judicial system. In contrast, a statement that is not verified lacks this solemn assurance and cannot be treated with the same level of credibility as an affidavit. Additionally, informal accounts of events do not undergo the formal process of affirmation and thus are not suitable for legal use. A record of witness testimony is typically a transcript or a summary of what a witness has said, rather than a statement made under oath, hence it is distinct from an affidavit.