Sunday, February 27, 2005

TWO COMMON MISTAKES IN AFFIDAVITS

At the beginning:

I, ________, Filipino, of legal age, single/married and with residence at ___________________, after being SWORN IN accordance with law (use either DULY SWORN, do hereby depose... or SWORN IN ACCORDANCE WITH LAW, do hereby... DULY SWORN IN ACCORDANCE WITH LAW is a redundancy), depose and say, THAT;
Xxxxx.


An Affiant is never SWORN TO. An Affiant always SWEARS TO the truth of his/her affidavit Save SWORN TO for the JURAT (SUBSCRIBED AND SWORN TO before me...), so that this should be:

I, ________, Filipino, of legal age, single/married and with residence at ___________________, after being duly SWORN IN accordance with law, depose and say, THAT;

Xxxxx.

At the end of the factual allegations:

FURTHER AFFIANT SAYETH NOT

What? He swears that the facts set forth in his affidavit have not happened to his knowledge?

Dunno why lots of lawyers make this mistake, but the proper phrase means "AFFIANT HAS NOTHING FURTHER TO SAY." The proper way to end the factual allegations in an affidavit is with

FURTHER AFFIANT SAYETH NAUGHT

NAUGHT is a world away from NOT! So remember to avoid this mistake. ;-)

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