(1) be made on personal knowledge; (2) set forth such facts as would be admissible in evidence; (3) show affirmatively that the affiant is competent to testify to the matters stated in the affidavit; and (4) include or be accompanied by: (A) supporting documents or statements containing sufficient detail as to ...
When defendants are “served,” they are notified that a lawsuit has been filed against them and summoned to appear for trial by a Writ of Summons, which the court issues after you file your complaint. The Writ of Summons includes the case number and a trial date, time and location.
Because a subpoena is a legal order, a person who does not obey a subpoena may be subject to civil or criminal penalties, such as fines, jail time, or both.
Ask the process server to return the completed Affidavit of Service to you once the other side is served. Once you have all the necessary documents, you must go back to the court and file the completed Affidavit with a copy of the Writ of Summons attached with the Clerk of Court.
The affidavit must be signed by you, and swear (or affirm) under the penalties of perjury that what you are saying is true. For example: “I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true.”
Describe the facts and information that you have firsthand knowledge of. Be as detailed and specific as possible, and make sure that your statements are truthful and accurate. Sign and date the affidavit, and have it notarized by a licensed notary public. The notary will verify your identity and witness your signature.
Impact on Criminal Cases Prosecutors assess the affidavit alongside case details, evaluating factors such as evidence strength, severity of charges, and public interest. For example, in cases with substantial evidence, prosecutors might still pursue charges despite the victim's withdrawal.
In Texas, you may use a general affidavit form to compile your statement so long as you include the details pertinent to the reason you need an affidavit. You must also have the document notarized.
A failure to prosecute.