Alabama Affidavit Stating Facts on Information and Belief
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FAQ
When including facts in your affidavit, you should write in the first person, expressing your personal knowledge, and be as complete?yet concise?as possible. Missing or incorrect information could mean eventual legal problems concerning the affidavit, so record your version of the facts accurately and comprehensively.
I hereby declare that the above made statements are true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
An affidavit is supposed to be sworn evidence of facts within the knowledge of the deponent. Opinion and argument are not facts but conclusions and unless the witness is tendered as an expert then the witnesses' opinion is neither admissible nor probative of anything.
Avoiding Hearsay With rare exceptions, an Affidavit should contain only information directly known to the deponent, being the 'who, what, when, and where' known on a first-hand basis rather than as learned from another person and thus known only on a second-hand basis (even worse still would be a double hearsay).
Legal arguments, objections and prayers have no place in an affidavit.
The use of the term, "to the best of my knowledge and belief," recognizes it is impossible for any person to legitimately provide absolute assurances or guarantees. Individuals can only make assertions on what they know or have knowledge of, not to what they don't know.
Deponents to affidavits should state only facts. They should not add their opinions, descriptive adjectives or include submissions in the guise of evidence ?
