Common Law Affidavit Template for the United States

A Common Law Affidavit is a powerful legal tool that allows you to provide sworn written testimony under penalty of perjury. This document transforms your personal knowledge into legally admissible evidence that courts and administrative bodies can rely upon in making decisions.

When do you need this document?

You'll need a Common Law Affidavit when formal written testimony is required but live testimony isn't practical or available. Courts commonly accept these documents in summary judgment motions, probate proceedings, and civil litigation where witness testimony supports your case. Administrative agencies may require affidavits for licensing applications, regulatory compliance, or benefit claims. You might also need one for business transactions requiring verified statements about company ownership, financial status, or operational history.

Key legal considerations

Your affidavit must be based entirely on personal knowledge-you cannot include hearsay, speculation, or information you learned from others unless specific exceptions apply. The Federal Rules of Evidence govern admissibility, particularly Rules 801-807 regarding hearsay and Rule 602 requiring personal knowledge. Your statements must be factual, specific, and presented in numbered paragraphs for clarity. Include only relevant facts that support your legal position, avoiding conclusions or legal arguments. Remember that signing an affidavit subjects you to federal and state perjury laws under 18 U.S.C. § 1621 and corresponding state statutes, with potential criminal penalties including fines and imprisonment for false statements.

Legal requirements in United States

Federal law requires your affidavit to meet competency standards under Rule 601 of the Federal Rules of Evidence, meaning you must be mentally capable of understanding the oath and providing truthful testimony. The document must include your full legal name, current address, and a clear statement establishing your personal knowledge of the facts. Most states require notarization by a licensed notary public who will verify your identity and administer an oath or affirmation as required by Rule 603. Your signature must be made in the notary's presence, and the notary must complete a proper acknowledgment including their commission information and seal. Some states now permit remote notarization under updated Uniform Law on Notarial Acts provisions, but you must verify your state's specific requirements. The verification clause stating you swear or affirm the contents are true under penalty of perjury is essential for legal validity.