Affidavit

[From Lat. affido.] (Law.) A statement of facts, on oath. Affidavits are nece ary in a variety of cases, in order to bring facts under the cognizance of courts of justice: all evidence of facts must be given on oath, either by oral testimony or by affidavit. Where evidence is to be acted upon by juries, it is given as oral testimony; where it is to inform a court or judge, it is usually reduced into the form of an affidavit. - In point of form, an affidavit is usually made as follows: if made in a cause, the name of the court in which the cause is pending, and the names of the plaintiff and defendant, are written at the head of the paper. The name, description, and residence of the deponent, or person making the affidavit, are written at length, and the individual making the affidavit signs his name at the foot of it. The paper is then shown to him, and he is requested to swear to his name and handwriting, and that the contents of the paper are true. And, lastly, the jurat (see this word) expre ing the officer before whom, and where and when, the affidavit is made, is signed by such officer. If the affidavit be sworn in open court, that circumstance is mentioned in the jurat, and no officer is named. Affidavit to hold to bail. In many cases a person cannot be arrested without an affidavit containing a clear statement of the fact, and showing a distinct cause of action. It may be done by the plaintiff, or by some one acquainted with the fact.