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What is Affidavit?

Affidavit A sworn written statement used as evidence in legal proceedings or to confirm facts under oath, often notarized for authenticity.



Sample template:



AFFIDAVIT OF JENNIFER M. THOMPSON


STATE OF NEW YORK

COUNTY OF _________


I, Jennifer M. Thompson, being duly sworn, depose and state:

1. Personal Information of the Affiant

1.1. Identity and Address of the Affiant


I, Jennifer M. Thompson, am over the age of eighteen (18) years and reside at [Residential Address], [City], [County], [State]. I am the Plaintiff in the matter of the civil lawsuit, Case No. 2023-12345, currently pending in the Circuit Court of the State of New York.



2. Background and Purpose of the Affidavit

2.1. Nature of the Dispute


This affidavit is submitted in the matter of the civil lawsuit concerning the dispute between myself, Jennifer M. Thompson, and XYZ Corporation over a breach of contract.


2.2. Purpose of the Affidavit


This affidavit is provided as evidence in support of my testimony regarding the events that transpired on May 10, 2023, in relation to the dispute between myself and XYZ Corporation over a breach of contract.



3. Events of May 10, 2023

3.1. Execution of the Contract


On May 10, 2023, I entered into a contract with XYZ Corporation, hereinafter referred to as "the Contract," in which XYZ Corporation was to provide services for my business. The Contract established the terms and conditions that both parties were to follow in the performance of the agreed-upon services.


3.2. Breach of Contract by XYZ Corporation


Despite the terms of the Contract and my full performance of my obligations, XYZ Corporation failed to provide the services as agreed upon. XYZ Corporation's failure to perform the services in accordance with the terms of the Contract constitutes a breach of the Contract.


3.3. Attempts to Remedy the Breach


Upon discovering the breach of contract, I notified XYZ Corporation in writing of their failure to perform the agreed-upon services and demanded performance of the services. XYZ Corporation failed to timely remedy the breach or provide reasonable assurances that the breach would be remedied.


3.4. Damages Sustained Due to the Breach


As a direct result of XYZ Corporation's breach of the Contract, my business sustained damages in the amount of [Amount]. These damages include, but are not limited to, the cost of obtaining alternative services, lost profits, and other incidental and consequential damages.



4. Compliance with United States Laws

4.1. Governing Law and Jurisdiction


This affidavit is governed by and compliant with the laws of the United States and the State of New York. The Circuit Court of the State of New York has jurisdiction over the matter and the parties to the civil lawsuit.



5. Oath and Verification

5.1. Sworn Testimony


I, Jennifer M. Thompson, affirm under penalty of perjury, that the foregoing statements are true and correct, to the best of my knowledge and belief.



_____________________________

Jennifer M. Thompson

[Residential Address]

[City], [State] [ZIP Code]

Sworn to and subscribed before me, a Notary Public in and for the State of New York, this _____ day of __________, 20___.

_____________________________

Notary Public

My Commission Expires:_______

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Common Sections of an Affidavit


In this Affidavit, you will see the following sections:

  1. Personal Information of the Affiant
  2. Background and Purpose of the Affidavit
  3. Events of May 10, 2023
  4. Compliance with United States Laws
  5. Oath and Verification


Going indepth - Analysis of each section:

  1. Personal Information of the Affiant : This section introduces Jennifer M. Thompson, the person making the affidavit, and provides her residential address. It also states that she is the Plaintiff in a civil lawsuit against XYZ Corporation.

  2. Background and Purpose of the Affidavit : This section explains the nature of the dispute between Jennifer and XYZ Corporation, which is a breach of contract. It also states that the affidavit is being submitted as evidence to support Jennifer's testimony regarding the events that took place on May 10, 2023.

  3. Events of May 10, 2023 : This section details the events that transpired on May 10, 2023, including the execution of the contract between Jennifer and XYZ Corporation, the breach of contract by XYZ Corporation, Jennifer's attempts to remedy the breach, and the damages sustained by Jennifer's business due to the breach.

  4. Compliance with United States Laws : This section states that the affidavit is governed by and compliant with the laws of the United States and the State of New York. It also establishes that the Circuit Court of the State of New York has jurisdiction over the matter and the parties involved in the civil lawsuit.

  5. Oath and Verification : This section contains Jennifer's sworn statement that the information provided in the affidavit is true and correct to the best of her knowledge and belief. It also includes the notary public's acknowledgment of Jennifer's sworn statement and the notary's commission expiration date.

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