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Jeevan antulay (Student)     19 October 2024

Related to affidavit

When to file affidavit and when to file sworn statement?? Is their is any difference if any?? Pls elaborate any learned counsel



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 2 Replies

S. Gupta (Legal Scholar)     19 October 2024

Affidavits and sworn statements are both legal documents, but they’re used in slightly different scenarios:

Affidavit:

  • A written statement confirmed by oath or affirmation, used as evidence in court.

  • Filed when you need to provide a formal written statement of facts, usually notarized.

Sworn Statement:

  • A written statement made under oath, but not necessarily notarized.

  • Used in less formal settings than affidavits, though both are taken seriously by law.

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

an affidavit is a sworn statement:

An affidavit is a written statement that a person makes under oath, claiming that the information in the document is true. The word "affidavit" comes from Latin and means "he (she) has sworn an oath.

Affidavits are often used in legal proceedings as evidence when someone can't appear in person. They can be used in a variety of cases, including bankruptcy, divorce, and family litigation.

To be legally binding, an affidavit must meet certain requirements, including: 

 

Being made voluntarily 

 

Being signed by the person making the statement 

 

Being witnessed by a notary public or other authorized person 

 

Being notarized, depending on the jurisdiction

A sworn statement, also known as a sworn affidavit, is a written document that is signed and certified by the person making the statement in the presence of a person authorized to administer oaths.


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