Definition of Affidavit

A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, token before an officer having authority to administer such oath. Co.x v. Stem, 170 III. 442, 48 N. E. 906, 62 Am. St Rep. 385; Hays v. Loomis, 34 III. 18. An affidavit is a written declaration under oath, made without notice to the adverse party. Code Civ. Proc. Cal. § 2003; Code Civ. Proc. Dak. § 464. An affidavit is an oath in writing, sworn before and attested by him who hath authority to administer the same. Knapp v. Duclo, 1 Mich. N. P. 189. An affidavit is always taken ex parte, and in this respect it is distinguished from a deposition, the matter of which is elicited by questions, and which affords an opportunity for cross-examination. In re Liter's Estate, 19 Mont. 474, 48 Pac. 753.
—Affidavit of defense. An affidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the case.
— Affidavit of merits. One setting forth that the defendant has a meritorious defense (substantial and not technical) and stating the facts constituting the same. Palmer v. Rogers, 70 Iowa, 381, 30 N. W. 645,
—Affidavit of service. An affidavit intended to certify the service of a wnt, notice, or other document.
— Affidavit to hold to bail. An affidavit made to procure the arrest of the defendant in a civil action.