Verification and Attestation of an Affidavit
An affidavit is a written statement of facts made voluntarily and confirmed by the oath or affirmation of the person making it (called the deponent). It is commonly used as evidence in courts, government offices, or administrative proceedings. For an affidavit to hold legal value, it must go through two important processes: verification and attestation. These ensure authenticity, credibility, and legal acceptance of the document.
Verification of an Affidavit
Verification refers to the process by which the deponent confirms that the contents of the affidavit are true to the best of their knowledge, belief, and information. At the end of the affidavit, the deponent must include a verification clause, specifying which statements are based on personal knowledge and which are based on information believed to be true.
For example: “I, [Name], do hereby verify that the contents of paragraphs 1 to 5 are true to my personal knowledge and paragraphs 6 to 8 are based on information believed to be true.”
The purpose of verification is to fix responsibility on the deponent and prevent false statements. If the affidavit is later found to contain false information, the deponent can be held legally liable for perjury.
Attestation of an Affidavit
Attestation is the process of having the affidavit signed and sealed by an authorized officer, such as a notary public, an oath commissioner, or a magistrate. The deponent must appear in person before the officer, take an oath or affirmation regarding the truth of the contents, and then sign the document in the officer’s presence.
The officer then signs, stamps, and seals the affidavit, thereby certifying that:
- The deponent personally appeared before them.
- The affidavit was signed in their presence.
- The oath or affirmation was duly administered.
Attestation ensures that the affidavit is not forged and that the deponent has formally affirmed its truthfulness under law. Without attestation, an affidavit cannot be considered valid evidence.
Significance in Practice
Verification and attestation together ensure both honesty and authenticity. For instance, in property disputes, affidavits are submitted to declare ownership or possession. In administrative processes like applying for duplicate certificates, passports, or name changes, affidavits serve as sworn declarations. Courts rely heavily on affidavits, and without proper verification and attestation, such documents lose credibility.
Conclusion
In summary, verification is the deponent’s own confirmation of the truthfulness of the affidavit’s contents, while attestation is the external certification by an authorized officer that the affidavit was properly sworn and signed. Both are essential for an affidavit to have legal force. Verification prevents misuse by holding the deponent accountable, and attestation guarantees authenticity, making affidavits reliable instruments of law and administration.
