Getting an affidavit in California can be as simple as filling out a form and notarizing, but there are other considerations as well. Here`s what you need to know about using a general affidavit form in California. What is an affidavit? Affidavits are written statements that are sworn under oath. Sometimes affidavits are signed in front of a notary. The person who writes the affidavit is referred to as a “affiante.” When is an affidavit used? In most court proceedings, written statements cannot be used as evidence. Usually, the person must speak (“testify”) directly with the judge instead of writing a statement. However, there are some exceptions to this rule, such as in divorce and custody cases. Affidavits are permitted in most “temporary hearings,” which are hearings that can take place at the beginning of a divorce or custody case. Any party to the case may request a preliminary hearing. The purpose of this hearing is for the judge to decide what the custody agreement or ownership agreement should look like while the case is still pending.
At a preliminary hearing, both parties to the case have the opportunity to explain to the judge, usually through affidavits, why they should have temporary custody of the children or temporary possession of property. The judge`s decision is temporary and will only remain in effect until a final decision is made in the case. Each judicial district in the state of Iowa has different rules for temporary hearings, such as the number of affidavits allowed, the length of affidavits, the number of days before a hearing that a person must submit their affidavits to the court and the other party, and whether the judge will also hear live testimony. You should contact the court clerk to find out the requirements for a temporary hearing. What does an affidavit have to say? An affidavit is essentially a letter to the court where the officiant can explain to the court what the person wants and why the court should order it. For example, in a divorce case, a spouse may say why a proposed custody arrangement should be ordered. An affidavit could be used to explain why a party believes the property should be distributed in a certain way. The affidavit must include the following wording: “I certify, under penalty of perjury and in accordance with the laws of the State of Iowa, that the foregoing is true and correct.” The affidant must then sign and date the document. In Iowa, it is not necessary for a notary to testify to the signature, but it does not matter if it is attested and signed by a notary. It is preferable that the affidavit also include the case of “legend” at the top of the first page. The legend is the part of a court document that lists the name of the court, the names of the parties, and the case number.
It can be found on any of the court documents in the case and copied into the affidavit. Who must write an affidavit? Usually, the party to the case must write an affidavit. Sometimes a person who is not involved in the case would have to write an affidavit. For example, in a case involving custody of a child, the parent would like a few close family members and friends to write affidavits about the parent`s parenting skills and relationship with the child. Parents can also ask a doctor, it`s important to remember that everything you say in an affidavit must be accurate and based on what you know. This affidavit is empty, so it can be used for many different things. For example, if a protection order is filed against you and you file a motion for review, you can file an affidavit to explain the essential facts of your side of the story. You can also use testimony to tell a family court why it`s in their best interest to move your child to another county or state. An affidavit has a label that indicates the court, case number, and parties. It also has a signature block or a place where you sign and print your name, address, and phone number. Wait to sign your affidavit until you stand in front of a notary.
The notary will ask for your photo ID to verify your identity. You may find that notaries at most UPS banks, courthouses, and branches have licensed notarial services. By law, notaries notarize documents for free or for a fee of $2.00 or less. There are many situations where an affidavit must be created for a specific purpose. For example, an affidavit could be used to verify ownership of property that is being sold or to certify marital status so that a spouse is entitled to some type of marital benefit. These general affidavits should be tailored to the situation. Signing an affidavit containing false information may result in criminal penalties. Therefore, before signing, it is very important to read the document carefully to ensure that the information is accurate and truthful. If the affidavit contains statements that are the opinion or belief of the loved one, the fact that it is an opinion or belief must be clearly stated. Although affidavits are considered legal documents, anyone can write one. The majority of affidavits use forms created by courts, lawyers or financial institutions.
If you are in a divorce case, many courts have official financial affidavit forms that must be used.