Affidavit

^ A voluntary oath, before some judge or oi Bcer of a court, to evince the truth of certain facts; as, the facts upon which a motion is grounded.''

Afflant.

One who makes an affidavit

An affidavit is simply a declaration, on oath, in writing, sworn to by the declarant before a person who has authority to administer oaths.5 It does not depend upon the fact whether it is " entitled " in any cause or in a particular way. Without a caption it is an affidavit.'' It is not necessary that the party sign the statement, unless a statute expressly so require. It is the official certificate which gives authenticity to the written oath." * In common parlance, any form of legal oath which may be taken.'' Hence, in a statute, may mean simply an oral oath. ^ The officer must sign the jurat; otherwise the docinnent is not an affidavit.'' The certificate is no part of the affidavit, but the prima facie evidence that it is the affidavit of the person by whom it purports to have been made." Counter afO-davit. An affidavit made or filed in opposition to the averments contained in another affidavit. Supplemental a£B.davit. An affidavit containing averments upon the same subjectmatter as another affidavit previously presented, and designed to remedy some defect in that other."

1 Tompkins v. Little Hock, &c.

R. Co., 15 P. E. 13 (1883). « Ryan v. Carter, 93 U. S. 83 (1876). ' L. affidavit, he has made oath: ad fldem dare, to pledge faith for. • 3 Bl. Com. 304; 3 Tex. Ap. 503. » Harris v. Lester, 80 111.

311 (1875), Scott, C. J. •Hagardine «. Van Horn, 72 Mo. 371 (1880). See 8 Iowa, 3M; 16 N. J. L. 125. ' Baker v. WUliams, 12 Barb. 5-57, 530 (1850). See 77 N. C 331; 28 Wis. 463. 8 Morris v. State, 2 Tex. Ap. 503 (1877); State v. Richardson, 34 Minn. 118 (188.5); 18 id.

90. » Hitsman v. Garrard, 16 N. J. L. 125(1837); Hagardine V. Van Horn, 72 Mo. 371 (1880;. Among the more common affidavits in use in civil practice are: Affidavit of cause of action, which avers that a just cause of action exists. Affidavit of claim, which verifies the statements of facts upon which a claim or demand is made. Affidavit of defense, which ■verifies the statements of facts upon which a defendant resists a demand made upon him. See Defense, 3, Affidavit, etc. Affidavit of or to the merits (q. v.), which is to the sufficiency of the facts whicli constitute a defense in a civil action, instead of resistance upon technical grounds. Affidavit to hold to bail, which is that the cause of action, brought for a civil injury, is valid.; Affidavits serve to verify allegations of fact not already matters of record, and tliereby qualify them for judicial action; also, to initiate remedies, giving to statements the impress of good faith and probable cause. They are no part of the record in a case unless specially made so.^ Compare Complaint, 2; Deposition. See Apparere, De non, etc.; Caption, 2; Jurat; Knowi.edoe, 1; Oath; Becord.