Affidavit

What affidavit means

Put simply, affidavit is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where affidavit comes up

For example, the term appears in these procedures:

• Proof of Service (Fed. R. Civ. P. 4(l), 5(d)): a filing that shows the court how, when and on whom a document was served.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses affidavit in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Account debtor: under UCC Article 9, the person obligated on an account or other right to payment.
• Admiralty: the body of law governing maritime matters such as ships, cargo and navigable waters, and the jurisdiction of courts over those cases.
• Affirmative defense: a defense that defeats or reduces a claim even if the plaintiff's allegations are true, such as the statute of limitations.
• Allonge: a paper affixed to a negotiable instrument, treated as part of the instrument for indorsements.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.