affidavit (af-<<schwa>>-day-vit). A voluntary declaration of facts written down and sworn to
by the declarant before an officer authorized to administer oaths, such as a notary public. • A great
deal of evidence is submitted by affidavit, esp. in pretrial matters such as summary-judgment
motions. Cf. DECLARATION(1), (8). [Cases: Affidavits 1. C.J.S. Affidavits §§ 2–6.]
affidavit after appeal.Patents. A sworn statement submitted to the U.S. Patent and Trademark
Office after the filing of a notice of appeal from an adverse determination by an examiner. • An
affidavit or declaration submitted after a case has been appealed will not be admitted without a
showing of good and sufficient reasons why it was not presented earlier. [Cases: Patents 111.
C.J.S. Patents §§ 180–183.]
affidavit after final rejection.Patents. A sworn statement submitted to the U.S. Patent and
Trademark Office after an application’s final rejection. — Also termed declaration after final
affidavit of claim.An affidavit in which a plaintiff asserts that he or she has a meritorious
cause of action.
affidavit of continued use.See DECLARATION OF USE.
affidavit of defense.See affidavit of merits.
affidavit of incontestability.See DECLARATION OF INCONTESTABILITY.
affidavit of increase.Hist. An affidavit that lists — and seeks reimbursement from the
opposing party for — the additional costs (above the filing fee and other basic fees charged by the
court clerk) incurred by a party in taking a matter through trial. • Attorney fees, witness payments,
and the like were included in this affidavit. See COSTS OF INCREASE.
affidavit of inquiry.An affidavit, required in certain states before substituted service of
process on an absent defendant, in which the plaintiff’s attorney or a person with knowledge of the
facts indicates that the defendant cannot be served within the state. [Cases: Process 74, 137.
C.J.S. Process §§ 57, 89.]
affidavit of merit.See CERTIFICATE OF MERIT.
affidavit of merits.An affidavit in which a defendant asserts that he or she has a meritorious
defense. — Also termed affidavit of defense. [Cases: Judgment 160, 391. C.J.S. Judgments §§
affidavit of nonprosecution.An affidavit in which a crime victim requests that the perpetrator
not be prosecuted. • In many cases, if the victim files an affidavit of nonprosecution, the
prosecutor will withdraw or not file criminal charges against the perpetrator on grounds that there
is no victim. Sometimes, though, the prosecutor will go forward with the prosecution even if the
victim files an affidavit of nonprosecution.
affidavit of notice.An affidavit stating that the declarant has given proper notice of hearing to
other parties to the action.
affidavit of service.An affidavit certifying the service of a notice, summons, writ, or process.
[Cases: Process 137. C.J.S. Process § 89.]
affidavit of use.See DECLARATION OF USE.
affidavit of verification.See VERIFICATION(1).
affidavit under § 8.See DECLARATION OF USE.
affidavit under § 15.See DECLARATION OF INCONTESTABILITY.
counteraffidavit. An affidavit made to contradict and oppose another affidavit. [Cases:
Affidavits 1. C.J.S. Affidavits §§ 2–6.]
IFP affidavit.See poverty affidavit.
in forma pauperis affidavit.See poverty affidavit.
pauper’s affidavit.See poverty affidavit.
poverty affidavit.An affidavit made by an indigent person seeking public assistance,
appointment of counsel, waiver of court fees, or other free public services. 28 USCA § 1915. —
Also termed pauper’s affidavit; in forma pauperis affidavit; IFP affidavit. [Cases: Federal Civil
self-proving affidavit.An affidavit attached to a will and signed by the testator and witnesses
certifying that the statutory requirements of due execution of the will have been complied with. •
The affidavit, which recites the facts of the will’s proper execution, permits the will to be probated
without the necessity of having the witnesses appear and prove due execution by their testimony.
[Cases: Wills 113. C.J.S. Wills §§ 253–255.]
sham affidavit.An affidavit that contradicts clear testimony previously given by the same
witness, usu. used in an attempt to create an issue of fact in response to a motion for summary
judgment. [Cases: Federal Civil Procedure 2539; Judgment 185.2(8). C.J.S. Judgments § 266.]
supplemental affidavit.An affidavit made in addition to a previous one, usu. to supply
additional facts. [Cases: Affidavits 16. C.J.S. Affidavits §§ 53–55.][Blacks Law 8th]