Also known as: sworn statements · affidavit
Written by attorneys · grounded in primary & secondary sources — see below
A written declaration made under oath or affirmation before an authorized officer. It supplies factual support for motions, warrants, and other filings when a rule or statute requires verification on personal knowledge.
Sasha Stone, an unrepresented plaintiff, files a complaint in federal court alleging breach of contract. The complaint contains no verification or attached affidavit. Because Rule 11(a) does not require verification unless a statute or rule specifically demands it, the clerk accepts the filing without striking it for lack of a sworn statement.
Sabrina Shah obtains a search warrant that lists only the address of a residence but omits any description of the items to be seized. Officers seize documents inside. The supporting affidavit contains detailed facts, yet the court suppresses the evidence because the warrant itself is facially deficient and the affidavit cannot cure the omission.
Select any source to read its text and confirm it supports the definition.
Stella Shapiro files a parentage action and submits a sworn statement alleging a reasonable possibility that Seth Shapiro is the child's genetic father. The court orders genetic testing of the child and Seth because the sworn statement satisfies the statutory threshold for compelling the test.
Sophia Singh moves for temporary maintenance during a dissolution proceeding. Her motion is accompanied by a sworn affidavit detailing monthly expenses and the parties' assets. The court considers the affidavit when deciding whether to award temporary support.
Simone Sanders sues Stonehaven Properties for unpaid rent. The defendant fails to file an answer or any responsive paper. Simone submits an affidavit showing the failure to plead, and the clerk enters default against the company under Rule 55(a).
Summit Bank, as guardian, moves for temporary custody of a minor child in a dissolution proceeding. The motion is supported by an affidavit detailing the child's living arrangements. The court awards temporary custody on the basis of the affidavits alone because no party objects.
A pleading requires a sworn statement only when a specific statute or rule mandates verification. Rule 11(a) expressly states that verification is unnecessary unless another provision requires it.
No. Officers may not rely on a detailed supporting affidavit to supply missing particularity when the warrant itself fails to describe the items to be seized.
The statement must allege a reasonable possibility that the individual is the child's genetic parent or deny parentage while stating facts showing a reasonable possibility that the individual is not the parent.
The affidavit must set forth the factual basis for the requested amounts and the moving party's financial need so the court can evaluate whether temporary relief is just and proper.
The clerk enters default when the defendant's failure to plead or defend is shown by affidavit or otherwise.
The court may do so when the motion is supported by affidavit and no party objects to proceeding without a hearing.
…The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the refusal to give the requested information. He then called Jacob Wagner and Daniel Brent, summoned…