What is an affidavit?

An affidavit is a legal document written and signed by a person who solemnly declares the truthfulness of its content. It is considered of great importance in common law systems and, specifically, in the Anglo-American-Canadian system.

It is presented as a written declaration, made by someone who is aware of facts that have legal relevance.

The term “affidavit” comes from Latin and means “to give assurance” and as a document it is widely used as testimonial evidence in civil proceedings. 

Indeed, an affidavit can be made in Italy and considered valid for all legal purposes in the foreign country where it is to be produced; otherwise, if the affidavit comes from abroad, it can be used in Italy only after having been legalized or apostilled, depending on the country of origin. In this case, it must be translated into Italian.

For a better understanding, the affidavit can be compared to our self-declaration or sworn statement, albeit with significant substantial differences.

How to write an affidavit?

The document under examination consists of a series of numbered statements, each of which must follow the previous one in logical and chronological order, as well as reporting a fact relevant to the case.

It is always good practice to write it in simple language, so as to make its content understandable even to "non-experts" in the sector for which the affidavit is made.

It begins with the personal data, namely name, surname, address and employment, followed by the reasons for filling it out. In detail, it must be specified whether it is in response to some request presented by others or in support of one's own reasons.

Subsequently, the facts are set out, specifying the date, places and people present.

It is possible to produce supporting documentation, in order to further support what is asserted.

What is best to exclude from the narrative is the following:

⁃ Irrelevant information;

⁃ Arguments on how the law applies to the facts illustrated;

⁃ Personal opinions;

⁃ Hearsay and, if it is reported, that it is supported by one's own belief;

⁃ Information that the Court already knows.

In summary, the affidavit is composed of the following parts:

⁃ Heading, with an indication of the Court competent to receive it and the parties involved;

⁃ Sworn declaration, where the declarant declares under oath the truthfulness of what is asserted;

⁃ Body of the affidavit, where the relevant information is inserted, with an explanation of the facts and circumstances;

⁃ Signature and date.

Can an affidavit be used as evidence?

The affidavit, as a written legal document, plays a very important role in various legal and administrative contexts.

In other words, it serves to provide a sworn written testimony with the validity of evidence in Court.

More concretely, affidavits are relevant in:

- Judicial proceedings, to support facts relevant to the case;

- Administrative practices, to confirm, for example, family relationships, health status, or other pertinent information;

- Real estate matters, to prove property ownership or to support the truthfulness of information related to real estate transactions;

- Inheritance cases, to demonstrate the validity of wills or other legal dispositions.

How can we help you?

The international law firm Arnone&Sicomo offers assistance to those who need to obtain an affidavit to present as evidence in a foreign judicial proceeding.

Our law firm provides assistance in all areas of Italian law, and many foreign citizens turn to us to request an affidavit in matters of family law, juvenile law, and issues related to the family property regime in Italy.

Each affidavit is drafted with utmost care, translated into the language requested by the client. The translated version is sworn in court and, if required, provided with an apostille.

We believe that the affidavit is a tool of rapid assistance and support in all those cases conducted abroad, where it is necessary to explain Italian law on crucial issues such as those mentioned above.

As an international law firm, we handle judicial matters involving multiple Countries, requiring an in-depth knowledge of international law and specific legal systems, as well as the necessary language skills to ensure the best assistance for the client.

Do you need an affidavit to produce in a foreign court case? Are you looking for an Italian lawyer who can provide a sworn statement on Italian law? Contact us.