Affidavits 101 - Key Elements In Preparing Affidavits

Be sure to include the mandatory language that begins all affidavits:

1. To my knowledge, all of the facts stated in this affidavit are true and correct.
2. I am over 18 years of age. I reside at [______________]. I am fully competent to make this affidavit and I have personal knowledge of the facts stated in this affidavit.
3. I am familiar with all of the papers and proceedings in this action, and with all the facts and circumstances set forth below.

Also, be sure that you touch on the following:

a. Who the affiant is.
b. The affiant's relationship to the person.
c. Why the affiant is qualified to render an opinion on the subject mater.
d. Why the affiant's opinion in reasonable and makes sense.

Here are some general rules concerning affidavits that are helpful to be familiar with.

All affidavits (a) must be in writing, (b) must be a declaration of an individual, (c) must be from a first person point of view, and (d) must be signed and notarized by the affiant.

Affidavits must generally be made on personal knowledge. See, e.g., Gogos v. Modell's Sporting Goods, Inc., 926 N.Y.S.2d 53, 57 (N.Y. App. Div. 2011). State that the affidavit is based on personal knowledge, and then, in the body of your affidavit, provide the basis of this knowledge.

Briefly explain who the affiant is and his or her connection to the litigation. This should be a brief introduction to give the court some context. If the affiant needs to provide greater background information or qualifications, he or she should do that in a separate section in the body of the affidavit.

In general, an affidavit should be concise and easy to read. Each paragraph should contain a single statement or fact. You should use headings to divide and organize the document as appropriate, especially if your affidavit is lengthy. You must provide enough information to demonstrate that the affiant is credible and has personal knowledge, or sufficient grounds for information and bases of belief, of the information contained in the affidavit. See, e.g., Gogos v. Modell's Sporting Goods, Inc., 926 N.Y.S.2d 53, 57 (N.Y. App. Div. 2011).