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Affidavit Format

Discussion in 'Dog Ordinances & Laws' started by lmwst18, Apr 1, 2009.

  1. lmwst18

    lmwst18 Good Dog

    Okay, a lot of people on here seem to have some trouble with AC and with some great advice given are told.. "Have your friends draw up an Affidavit". Sounds great!? Now let's see if you know the format and what an affidavit is.

    What is an affidavit?An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. (Getting a notary public costs generally 5 dollars and you can find one in a bank or other such places)

    The Format
    An affidavit is written in the first person by the deponent (Say your neighbor or friend), and it's divided into numbered paragraphs.
    Want to know how to write an affidavit letter? While no clear rules are specified, writing an affidavit may follow the common affidavit format below.
    1. Affidavit Header or Affidavit Title. The affidavit header is a simple title at the top of the document stating the deponent's name. ( Example: Affidavit of Dog Care)
    2. Affidavit Deed or Fact Statements.
      The first paragraph of an affidavit states the deponent's civil information, i.e., full name, age, occupation, complete address of residence. Example: "My name is Jacob John Smith. I am 26 years old, working as a police officer and currently reside at 555 Pitbull Chat Road, Internet, WI 55555.
    3. Subsequent paragraphs constitute the deponent's core statement of facts, each paragraph being confined to a distinct fact. Such as "Terry's Dog is always walked on a leash".
    4. These statements MUST be true. You cannot put hearsay in your affidavit. For example, you cannot put in your affidavit that you "Heard" your neighbor is on drugs." That's hearsay. Hearsay will not hold up in court. So you'll be wasting your breath.
    5. Affidavit Footer or Affidavit Signature.
      An affidavit has to be signed by both the deponent and the person before whom it was sworn (Notary), the name of the signing person being printed directly beneath the signature.
      Also includ the date. I am going to type up below this what a footer should look like. And actually at the end of this, I'll actually write out a full sample affidavit.
    6. Sample Footer: Jacob John Smith being first duly sworn on oath according to law, deposes and says that he has read the foregoing AFFIDAVIT OF DOG CARE by his subscribed, that the matters stated herein are true to the best of his information, knowledge and belief.

      Signature.....
      John Jacob Smith

      SUBSCRIBED AND SWORN to before me
      this 1st day of April, 2009.

      Notary's Signature Here
      Name and then the title Notary Public of Cumberland County
      My commission expires 10/11/2011
    Ok, Time for my full example of an affidavit. Here we go.

    Affidavit of Canine Control
    My name is Mary Tyler Moore. I am 26 years old, and working as a paralegal in the State of North Carolina, and I currently reside at 555 Chickenfoot Ln, Muncy, NC 55555.​

    I have been a neighbor of Mr. Smith for over 5 years now and he has always had exceptional control over his dogs. I have never seen them off their leashes when they go outside, or to the car. Their dog Rufus is very respectable to any one he meets and in my experience, shows no agression whatsoever. The Murphy's, our other side neighbors, let their dogs run around unsupervised. I have this recorded with the Hoke County Animal Control. The Murphy's dogs destroy property and have got into a fight with my dog on numerous occasions. It is my belief that the Murphy's dog is the one to cause trouble in the neighborhood, not the Smith's dog Rufus.

    Mary Tyle Moore, being first duly sworn on oath according to law, deposes and says that she has read the foregoing AFFIDAVIT OF CANINE CONTROL by her subscribed, that the matters stated herein are true to the best of her information, knowledge and belief.

    Signature
    Mary Tyler Moore

    SUBSCRIBED AND SWORN to before me
    this 1st day of April, 2009.

    Notary's Signature Here
    Pebble Bam Bam
    Notary Public of Cumberland County
    My commission expires 10/11/2011


    TA DA!!! all finished. Some affidavits are state specific, but unfortunately, I don't have time to give guidelines on ALL of the states that do. Here are some California, Florida, Texas, and New York.

    If you live in those states, and want a sample.. PM me. I'll do it. Hope this helps anyone going through something sucky.
     
  2. Alma

    Alma GRCH Dog

    This is AWESOME!! Hopefully they make it into a sticky, its quite useful. :)
     
  3. lmwst18

    lmwst18 Good Dog

    I hope so. I got bored at work and was typing up a handout for people on affidavits and realized, we could use it.

    Remember these are just guidelines for the format. You can number them or not number. (Forgot that I was talking about a numbered statement paragraph when I wrote the example. OOPS! lol I'm only human) Put that is what is accepted in court.
     
  4. jillibean87

    jillibean87 Good Dog

    I really hope this gets stickied! This will come in handy if my crazy neighbor ever gets the idea to call AC on us:rolleyes:
     
  5. Alma

    Alma GRCH Dog

    STICKIED!!!!!!!

    Thanks Purple. :)
     
  6. lmwst18

    lmwst18 Good Dog

    Sorry that I posted this in the wrong area!.. I'm terrible sometimes. hehe.

    But again if anyone needs legal advice. I'm always available.. I live, eat, sleep, breathe law. haha (Working for 2 lawyers plus military JAG)
     
  7. Alma

    Alma GRCH Dog

    Youre fine, no worries. ;)
     

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