Solicitor's affidavit "from my own knowledge" 07:53 Jul 6
If a solicitor gives an affidavit, it often contains a statement such as: "I make this Affidavit from my own knowledge save where otherwise indicated." An affidavit can be based upon either personal knowledge or information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, though not based on firsthand knowledge. Someone familiar with the matters in question may make an affidavit on behalf of another, but that person's authority to do so must be clear. A guardian may make an affidavit for a minor or insane person incapable of doing so. An attorney may make an affidavit for a client if it is impossible for the client to do so. When necessary, a personal representative, agent, or corporate officer or partner may execute an affidavit that indicates the capacity in which the affiant acts. An affidavit based on the affiant's information and belief must state the source of the information and the grounds for the belief in the accuracy of such information. This permits the court to draw its own conclusions about the information. |