AFFIDAVIT (Lat.). In Practice. A statement or declaration reduced to writing, and sworn or affirmed to before some officer who bas authority to administer an oath.
It differs from a deposition in this, that in the latter the opposite party has an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte. Gresley, Eq. Er. 413.
By general practice, affidavits are allow able to present evidence upon the hearing of a motion, although the motion may involve the very merits of the action; but they are not allowable to present evidence on the trial of an issue raised by the pleadings. Here the witnesses must be produced before adverse party. They are generally re lured on all motions to open defaults or to grant delay in the proceedings and other ap plications by tha.defendant addressed to the favor of the court.
2. Formal parts.—An affidavit must intel ligibly refer to the cause in which it is made. The strict rule of the common law is that it must contain the exact title of the cause.
The place where the affidavit is taken must be stated, to show that it was taken within the officer's jurisdiction. 1 Barbour, Chanc. Pract. 601. The deponent must sign the affidavit at the end. DI. Paige, Ch. N.Y. 173. The jurat must be signed by the officer with the addition of his official title. In the case of some officers the statutes conferring au thority to take affidavits require also his seal to be affixed.
3. In general, an affidavit must describe the deponent sufficiently to show that he is entitled to offer it; for example, that he is a party, or agent or attorney of a party, to the proceeding, 7 Hill, N.Y. 177; 4 Den. N. Y. 71, 258; and this matter must be stated, not by way of recital or as mere description, but as an allegation in the affidavit. 3 N. Y. 41; 8 id. 158.