- 1). Write the information within the court caption at the top of the document if you intend to file the affidavit with a court. The caption is found on the first page of a court document, and includes the names of the parties, the court, the court's address and the case number assigned to the case by the court clerk.
- 2). Identify yourself as either the undersigned or by name, and include language stating that you swear, affirm and certify the language in the affidavit. For example, the language might read "I, the undersigned, hereby swear, affirm and certify the following:" or "I, Jane Smith, hereby swear, affirm and certify the following ... "
- 3). Write the number 1 to indicate that this is the first paragraph of the affidavit. Numbering each paragraph allows others to quickly reference a portion of the affidavit.
- 4). Write language after number 1 that indicates that you are at least 18 years old and that you are a resident of your particular state. Also include language to indicate that the facts are based on your personal knowledge, and that if called to court to testify, you are competent to testify and would testify to those facts.
- 5). Write the number 2 to indicate the second paragraph of your affidavit.
- 6). Write the facts that you are swearing to. You may only include facts that you have personal knowledge of. For example, if you witnessed a car run a red light and hit a pedestrian, you could include those facts in the affidavit because you saw the accident. On the other hand, if you were only told about the accident from a third party, you would only be able to include language that indicates you learned about the car accident through a second-hand source.
- 7). Begin each successive paragraph with a number if more room is needed.
- 8). Include language at the end of the affidavit stating that you declare under penalty of perjury under the laws of your state that the language is true. If the affidavit will be filed in a federal court, substitute the name of your state with "the United States."
- 9). Sign and date at the bottom of the affidavit before a notary public. Note that unlike a declaration, an affidavit must be signed before a notary.
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