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What is an Affidavit?

Por: Montana Legal Services Association (MLSA) LSC Funded

Information

An affidavit is your written statement that you swear under oath (or affirm) is true. An affidavit must be notarized.

What does "notarized" mean?

"Notarized" means:

  • you swear under oath (or affirm) that your statement is true;
  • a notary public watches you sign the affidavit;
  • a notary public makes sure you are you (by checking your driver's license or other identification); and
  • a notary public signs her or his name and seal to the affidavit.

Where can I find a notary public?

You can usually find a notary public at:

  • a bank;
  • a courthouse; and
  • Montana Legal Services Association

Why should I use an affidavit?

You may want to use an affidavit if:

  • You cannot go to a court hearing but you want the judge to see your statement as evidence; or
  • You want your statement to be included in a court file.

However, please be aware that giving an affidavit to the court does not guarantee that your statement will be evidence or included in a court file. That is up to the judge.

Where can I find a form for an affidavit?

Click here to get a Microsoft Word form that is on the State of Montana Law Library Web Site:

Última revisión y actualización: Jun 19, 2009
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