Affiant Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Affiant, written in plain English, along with examples of how it is used.
What is Affiant?
n. a friend of the court. One, who as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court; someone who is not a party to a case but who volunteers to offer information on a point of law or some other aspect of the case to assist the court of law. The nature of help could be legal opinion, testimonial or learned treatise. The decision whether to admit the information lies with the discretion of the court. Say for example, an advocacy group files a brief in a case before an appellate court to which it is not a litigant. The appellate court being limited to the factual record and arguments coming from the lower court case under appeal might be helped by an amicus curiae by introducing court to the broader implications of its probably decisions, whose effects are not just limited to the parties directly involved. Usually controversial cases attract a number of such briefs but the discretion to grant or deny permission to act as amicus curiae lies with the court.
History and Meaning of Affiant
An affiant is someone who swears to or attests the truthfulness of an affidavit. In other words, an affiant is a person who signs an affidavit and swears under oath that the information contained in the document is true to the best of their knowledge.
Affidavits are considered legal documents and are used in many different legal proceedings. They can be used to provide evidence in a court case or to verify the accuracy of information for many purposes.
Examples of Affiant
- A plaintiff in a civil lawsuit may provide an affidavit attesting to the accuracy of their claims.
- An affiant may be required to confirm their identity before a notary public before signing an affidavit.
- In some jurisdictions, affidavits can be used in place of live testimony in certain situations, such as for pre-trial motions.
Legal Terms Similar to Affiant
- Deponent: A person who makes a statement under oath or affirmation, such as in a deposition.
- Notary public: A public official who can administer oaths, attest to the authenticity of legal documents and take affidavits.