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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).

Hearsay will generally be inadmissible, or given very little weight where hearsay is admissible, especially where the Affidavit is submitted without efforts to explain the hearsay such as how the deponent learned of the facts stated within the Affidavit.

Avoid providing your opinion in your affidavit. Affidavits should be statements of facts not personal opinions. For example, an opinion statement would be, ?I think my child loves chocolate ice cream.? You can't include this but you can include, ?My child asks for chocolate ice cream every weekend.?

Perjury is a felony in California. California law penalizes anyone who willfully or knowingly makes false statements while under oath. Perjury is not just lying to the court. It can also be lying under oath in a civil deposition or a written affidavit or declaration.

This is what you do: Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information).

To ensure that the affidavit is easily understood, follow these best practice tips: Keep legal language out of the affidavit as much as possible. Keep the affidavit as short as possible. Make sure your thoughts are organized and in the proper order if you are relating your actions in an event.