AFFIDAVIT, an oath in writing, or a written declaration made before a magistrate, or other person legally authorized to administer an oath, the truth of which is confirmed either by an oath sworn, or a solemn affirmation emitted in terms of 18 Viet. c. 25, and the other statutes referred to under AFFIRMATION. Where evidence is required in Eng land to be laid before a court or a judge, it is usually reduced to the form of an A., in place of being delivered orally, as in jury trial. An A. ought to set forth the matter of fact only, and not to declare the merits of the cause, of which the court is to judge (21 Car. I.B. R.). The name and designation of the party making the A. are written at length, and he signs it at the foot. When the paper is shown to him, he is required to swear or affirm that its contents are true, and that the name and handwriting are his. Affidavits in all the English courts must be taken and expressed in the first person of the deponent. The jurat, with which the A. closes, specifies the officer before whom, the Place where, and the time when it was sworn, and this is signed by the officer or magis trate. When an A. is sworn in open court, that circumstance is mentioned, and no
officer is named. In Scotland voluntaryaffidavits are not generally received as evidence, because they are ex part statements, no opportunity being afforded for cross-examina tion. To this rule, however, there are exceptions. Claimants are required by the bank rupt statute to lodge their claims with A. or oaths of verity; and there are other similar statutory provisions. An A. is sometimes required also at common law, as in applications for warrants in meditation fugal. By 5 and 6 Will. IV. c. 62, various unnecessary oaths and affirmations were abolished, and declarations substituted in lieu thereof, and volun tary and extra-judicial oaths and affidavits were suppressed. The oath of allegiance, ana all oaths in courts of justice, were expressly exempted from the operation of the statute; and by 6 and 7 Vict. c. 43, this exemption was extended to ratifications by married women. The lord chancellor of England is empowered by 6 and 7 Vict c. 82, to grant commissions for taking affidavits, affirmations and declarations in Scotland.