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Actual knowledge can be proven by direct or circumstantial evidence. Some examples of actual knowledge include when: A property owner testifies that he was aware of a broken stair or when maintenance records show that a company was aware of a hole in its parking lot.
If you say that something is true to your knowledge or to the best of your knowledge, you mean that you believe it to be true but it is possible that you do not know all the facts. Alec never carried a gun to my knowledge. To the best of my knowledge, Gloria did not make these comments.
The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.
The term ?to the best of my knowledge and belief? is used in affidavits and court documents to indicate that statements being made are not knowingly false.
Affidavits can occur any time a formal promise is made, and they are often used as a form of documentation tied to a specific person in the proceedings. They are often used in court to serve as evidence toward a singular side in a dispute, or to affirm a claim that someone is making.
The most important criteria for an affiant is that he or she have personal knowledge of the information that must be offered in the affidavit. If that knowledge is limited to how records are made and kept, the witness should keep his or her testimony limited to those subjects and let the records do the talking.
The law attaches harsh penalties to lying under oath, so you must always be sure the facts stated in your signed affidavit are true so far as you know. 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.
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.