Law Dictionary

Letters

You may also browse our dictionary by first letter.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Return to Law Dictionary Index

affidavit

practice. An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte.

2. Affidavit to hold to bail, is in many cases required before the defendant can be arrested; such affidavit must be made by a person who is acquainted with the fact, and must state, 1st, an indebtedness from the defendant to the plaintiff; secondly, show a distinct cause of action; thirdly, the whole must be clearly and certainly, expressed.

3. An affidavit of defense, is made by a defendant or a person knowing the facts, in which must be stated a positive ground of defence on the merits. It has been decided that when a writ of summons has been served upon three defendants, and only one appears, a judgment for want of an affidavit of defense may be rendered against all.

Source : Bouvier 1856

Language : English

Return

Return to Law Dictionary Index