Learn What an Affidavit Does in Ohio

July 27, 2012

Misc. Topics

Affidavit is a Medieval Latin word meaning “He has declared an oath.”  The person that executes the words in an affidavit is an “Affiant.”  The legal device is simply a sworn statement that is written and signed, similar to a statement under oath that is verbally submitted in person to a court.  The notarized statement can then be used in court to substantiate a number of things.  Affidavits are legal in all fifty states, and are written into the Ohio Revised Code (Ohio Law) as follows:

2319.02 Affidavit, deposition, oral testimony defined.

An affidavit is a written declaration under oath, made without notice to the adverse party. A deposition is a written declaration under oath, made upon notice to the adverse party. Oral testimony is that delivered from the lips of the witness.

Effective Date: 10-01-1953

2319.03 Use of affidavit.

An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, and examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.

Effective Date: 10-01-1953

2319.04 Before whom affidavit may be made.

An affidavit may be made in or out of this state before any person authorized to take depositions, and unless it is a verification of a pleading it must be authenticated in the same way as a deposition.

Such affidavit may be made before any person authorized to administer oaths whether an attorney in the case or not.

Effective Date: 10-01-1953

Even an attorney that is in the case that the affidavit is needed may administer it, since all licensed attorneys are notaries.  Affidavits are used very frequently, and can serve the many purposes listed above in the statutory provisions.

If you need assistance for any legal situation please call Slater & Zurz at 1-800-297-9191 for a free consultation or send us a blog message to set up a time that is convenient for you to explain your needs to an experienced Ohio attorney.

To learn more, please visit slaterzurz.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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