Types for affidavits are found depending on the purpose for utilizing the affidavit. An affidavit is a written statement that is guaranteed to be true under oath and signed in the presence of notary or a judge. Such affidavits are typically utilized in court proceedings. Because a notary or judge is not involved some government forms, such as those used for land tax exemptions, are known as affidavits but are more accurately described as declarations.
Judicial Council Forms
If you are looking to be used in a court proceeding, the first place to search is the forms ready for use in courts statewide. The Judicial Council provides policy guidelines for the courts throughout the state, which includes approving for use preprinted forms that are legal in most court cases. The California Courts website has an simple to use search tool for locating all Judicial Council forms, including an”Affidavit re Real Property of Small Value,” to be used in small probate cases; and an”Order to Show Cause and Affidavit for Contempt,” for use in family law cases. Many of the Judicial Council forms are mandatory to be used in court proceedings, which is a fantastic reason to begin your hunt for an affidavit there.
Local Court Forms
Along with the court forms the Superior Court in certain California counties prohibits forms for use known as court forms that are local. These forms are available from the court’s website, such as the Superior Court in San Francisco County, and can definitely be found at the clerk’s office for the court. The regional forms are distinct for every county and may not necessarily have any kind of affidavit, but in case you’ve got a case pending on your regional county court and require an affidavit, you should look at the regional forms to ascertain whether one is available.
Unofficial Forms
You can hunt for affidavit forms at your regional county law library, When there is no court form of affidavit available for your requirements. Even though these affidavit forms are unofficial, it’s suitable to use forms when there is no court form specified to be used. The law library to complete a real estate transaction or may even have such as those utilized as part of a claim to an insurance company. A website is maintained by California County Law Librarians’ Council .
Government Types
For submitting to a government office On occasion, an affidavit is needed by you. Normally these affidavits are required for maintaining government benefits or real estate tax exemptions. You need to ask with the government office if it’s a kind of affidavit specified to be used on your situation. For declaring a tax exemption for rented property used in conjunction with home for instance, the San Francisco assessor-recorder’s office demands the usage of its kind affidavit.
Affidavit Versus Declaration
A declaration is a written statement which can often serve the same function in court proceedings, particularly as an affidavit. Unlike an affidavit, a declaration does not require signing the document in front of notary or a judge or swearing an oath. It must say in the body of the announcement that the person making it declares under penalty of perjury that all statements made in the declaration are true. The declaration must be signed and dated, with an announcement as to it was made under California law or where it was signed in California.