AF'FIDA'VIT (Perf. of Low Lat. affidare, "he has made an oath," from Lat. ad, to fides, faith). A written declaration, or statement of fact, 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. The name and designation of the party making the affidavit are written at length, and he usually signs it at the foot. When the paper is shown to him, he is required to swear or affirm that its con tents are true, and that the name and handwrit ing are His, and it is thereupon attested by the officer before whom it is made. Affidavits in all the English courts must be taken and expressed in the first person of the deponent. In the United States, all judges, justices of the peace, notaries, commissioners, and some special offi cers, have authority of law to take affidavits.
All the States appoint commissioners, residing in other States, to exercise the power. Gener ally the authority of foreign officials to take affidavits must be certified or verified in court. When a judge takes an affidavit in court. his sig nature must be authenticated. American minis ters and consuls abroad have power to take affida vits, and so have British consuls and nearly all similar officers. No particular form of affi davit is prescribed. An affidavit of merits is one made by a defendant, which sets forth that he has stated his case to counsel and is by him advised that he has a good defense to tbe pend ing action on its merits. This is required by statute, or a rule of court, to protect plaintiffs from delay by frivolous shows of defense, but does not always effect the purpose.