Affidavits in Florida Law
An affidavit is a sworn, written statement of facts signed before a notary public. In Florida, affidavits serve as the primary vehicle for presenting factual evidence outside of live courtroom testimony and are essential documents in real estate closings, litigation, and estate administration.
Legal Requirements
A Florida affidavit must satisfy four requirements: the statements must be based on the affiant's personal knowledge (not hearsay or opinion), the affiant must swear or affirm their truth under oath, the document must be signed by the affiant, and the signature must be notarized. Florida Statute Section 837.012 makes it a third-degree felony to make a false statement in a sworn affidavit, providing teeth to the oath requirement.
Common Uses in Florida Practice
Attorneys use affidavits to support summary judgment motions, establish service of process, and present evidence at hearings where live testimony is impractical. In real estate, affidavits of title, heirship, and identity resolve common title issues at closing. In estate planning, affidavits authenticate signatures and establish facts necessary for probate proceedings.
Related Terms
- Affidavit of Title
- Affidavit of Heirship
- Notarization
Barnes Walker Litigation
Barnes Walker prepares and reviews affidavits for litigation, real estate, and estate matters throughout Southwest Florida. Contact us for legal document assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC