What Are the Elements of an Affidavit?

• Affidavits are used to present evidence in court.law courts image by Peter Helin from Fotolia.com
  
  Affidavits are written statements that are sworn to be true and can be used to present evidence in court proceedings. These court documents include facts relevant to the case in question and can be prepared by an attorney or the individual filing the affidavit. While you may consider preparing an affidavit yourself, you should always consult a lawyer before submitting any legal documents to a court.
  
  

Style of Proceedings

• This is the first part of an affidavit and provides the court with reference information that is necessary to appropriately register the affidavit. The style of proceedings includes the names of the people who are involved in the suit (ex: Smith v. Wade), a unique court file identification number and the court registry name.
  
  This section also includes the following in the upper right-hand corner: the first name, initial and last name of the person making the affidavit (also known as the deponent), the serial number of the affidavit and the date it was written. For example: J. Smith #2 December 20, 2010.
  
  

Deponent's Statement

• The deponent's statement is placed at the beginning of the affidavit. It identifies who is writing the affidavit and includes the person's occupation and address. For example: "I, Jay Smith, officer, of 123 Main Street, in the City of Brooklyn, New York, MAKE OATH AND SAY THAT:"
  
  

Knowledge Statement

• This element of an affidavit has two parts to it. In the first part, the person who is making the affidavit declares whether he is a plaintiff (the person making the complaint), the defendant, the petitioner or respondent (person who answers for the defendant or co-defendant). The second part declares, in writing, that the deponent has personal, firsthand knowledge of the contents in the affidavit.
  
  

Body of the Affidavit

• The body of the affidavit explains facts relevant to the case in clear, simple language. Facts should be organized according to specific dates and be presented in concise, chronological order. The body should be written in the first person and should not include opinionated or emotional statements.
  
  

Ending of an Affidavit

• This section documents proof that the affidavit has been sworn in the presence of an attorney, court commissioner or other court official and is signed by both the legal representative and the deponent. The ending of an affidavit includes the date and location where it was completed. It also affirms that all the affidavit's contents are true and factual and holds the deponent accountable for making any false statements to the court.
  
  

Exhibits

• Exhibits are documentation, such as letters, emails and photographs that support the written statements provided in the affidavit. Exhibits should be arranged and numbered in alphabetical order and follow the same sequence as the deponent's written statements.
  
  

Backing Sheet

• The backing sheet is the final element of an affidavit. This section has three parts. A repetition of the style of proceedings as described in the beginning of the affidavit. A description of the court document together with the name of who is filing (ex: Affidavit of John Smith).The filer's name and contact information, including email and fax numbers, if applicable.