Virginia Affidavit Stating Facts on Information and Belief
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How to fill out Affidavit Stating Facts On Information And Belief?
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FAQ
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. Assuming your client signs a document under ?knowledge and belief?, does he have a duty to verify the truth or accuracy of his statements?
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.
A witness must have personal knowledge about a matter in order to testify about it. ?Personal knowledge? includes what the witness saw or heard, as well as his or her thoughts, reactions, and inferences derived from that observation.
A quick definition of personal knowledge: Personal knowledge is what you know from your own experience or observation, not just what someone else has told you. It's like when you see a bird flying in the sky and you know it's a bird because you've seen birds before, not because someone told you it was a bird.
The affidavit contains sworn statements attesting that the testator signed their will freely and without any coercion. The testator and the two (2) witnesses must sign the affidavit in the presence of a notary public who will, in turn, provide their certification.
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.
Section 702 - Personal knowledge required (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
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. Assuming your client signs a document under ?knowledge and belief?, does he have a duty to verify the truth or accuracy of his statements?
