Affidavit

Lat. [from affidare, q. v.] In practice. An oath in writing sworn before some judge or officer of a court, or other person legally authorized to administer such oath; a sworn statement in writing.* To make affidavit of a thing is to testify it upon oath, in writing.

3 BL Com. 304.

The party making an affidavit is usually described as "the deponent** (sometimes, but rarely, " the affixint** (q. v.) and in making his statements is said to depose — (" being duly sworn, deposes and says,") — but an affidavit is distinguished from a aeposition, properly so called, by the circumstance that it IS always made ex parte, and without any cross-examination. See Deposition, Depose, Deponent. The term affidavit is also applied, (though not* with strict propriety,) to statements made on affirmation. Affidavits are most commonly used for certifying or proving the service of process, or other matters relating to the proceedings m a cause, or in support of, or opposition to motions, in cases where a court determines matters in a summary way. 3 Bl, Com. 304. 3 Steph. Com. 679. 1 Tidd*s Pract. 491. United States Digest, Affidavit. The term affidavit, now in daily use, is 7 the perfect tense of the old law Latin verb affido, affidare; and Uterally signifies " he has made oath," or " he has sworn." The original meaning of affidare, as applied to law proceedings, was to pledge by oath, to swear to do something, and is constantly used by Bracton in this sense. See Affidare. Thus, in the old law of essoins, the essoiner was required to swear that he would have his principal in court at a certain day, (affidabit essoniator quod habebit dorriinum suum ad cerium (aliumj diein). Bract, fol. 837 b, 351b. And if neither principal nor essoiner appeared at the day, the latter was allowed to excuse both by a new essoin that he could not come, nor have his principal, as he swore to do, (sicut affidavit,) on account of misfortune, (fee. Id. fol. 352 a. The word affidaverunt (they pledged themselves by oath) is used in an old concord made upon a writ of right, 33 Hen. II., cited by Lord Coke. 3 Co. pref. So, in a charter given at length by Blount, dated April 18, A. D. 1160, the words occur, " juravi et affidavi," I have sworn and pledged my oath (to keep the covenants contained in the instrument). Blount, voc. Covenant. By a gradual extension of meaning, the word affidare came to signify to swear generally, to swear to a thing already done, or to an existing fact, as well as to swear to do a thing in future. Reg, Orig. 29 b, reffula. Hence the use of affidavit, in the third person of the past tense, as the emphatic word of the Latin forms in which oaths were recorded; from which the written oath of the present day has derived its name.