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How to Write an Affidavit

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asked on Feb 20, 2018 at 17:54
by   william chan
edited on Apr 12, 2018 at 17:09
 
Throughout my years in this forum, I found that most people have trouble writing an affidavit.

Even lawyers make mistakes in drafting affidavits.

Here I will try to improve your affidavit writing skills.

The Golden Rules of Affidavit writing

1.  Plan your strategy before writing
2.  Do not write arguments
3.  Use first person narrative
4.  Give each issue it's own paragraph and number them
5.  Write each paragraph in a way to make it easy to reply to it
6.  State your occupation
7.  Use exhibits whenever possible
8.  Reply all important points if possible
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answered on Feb 20, 2018 at 18:01
by   william chan
edited Feb 20, 2018 at 18:03
by   william chan
Golden Rule 1. Plan your strategy before writing

If your ex-wife wants to take your car and your kid, and you care more about the kid,
then draft the affidavit statements to focus on the custody issues la.
Don't waste time writing about the car as the Judge may lose focus.
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answered on Feb 20, 2018 at 18:15
by   jeff005
edited Apr 12, 2018 at 17:10
 
But I do not want her to sit in my car.. then how? Make an offer.. she takes car, I take kid would be better. More expensive to maintain kid, save her headaches! Me generous or not?
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answered on Feb 20, 2018 at 18:18
by   william chan
edited Feb 20, 2018 at 18:23
by   william chan
Golden Rule 2.  Do not write arguments

This is the biggest mistake most people make.
Write facts, statements and allegations in your affidavit.
Only write arguments in your submission documents later.

Bank charged me penalties and extra interests which is against banking laws.  <- Wrong
Bank charged me excessive penalties and interests. <- Correct
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answered on Feb 20, 2018 at 22:03
by   kiki
Thank You, sir.

This is a lesson worth following for all who comes to this forum.
Hope you continue the thread with more lessons. 
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answered on Feb 21, 2018 at 09:02
by   william chan
Golden Rule 3. Use first person narrative

The defendant saw the plaintiff kiss the maid. <-  Wrong ( third person narrative )
I saw the plaintiff kiss the maid. <- Correct ( first person narrative  )
My mother saw the plaintiff kiss the maid. <- Wrong ( ask your mother to swear in her own affidavit )

Notes:
Affidavit must be in Malay language for West Malaysia.
Affidavit can be in English or Malay in East Malaysia.
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answered on Feb 21, 2018 at 10:55
by   vkpc
Golden Rule 4.  Give each issue it's own paragraph and number them
Golden Rule 5.  Write each paragraph in a way to make it easy to reply to it

1.  My ex-wife has a new boyfriend and because of this she may change her religion and our kids' religion.   ( three issues here, better to split into three paragraphs )

1.  My ex-wife has a new boyfriend.
2.  Because of this boyfriend, she may change her religion.
3.  Because of this boyfriend, she is also likely to change our kids' religion.

The reason we do this is because each issue may have a different reply from the ex-wife later.
If we put all three issues into one paragraph, the reply later may not be so clear. ( to the Judge )
For example, if all 3 issues were in one paragraph and the reply was she deny that paragraph's allegations, which of the 3 issues were actually denied?
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answered on Feb 21, 2018 at 16:34
by   william chan
edited Feb 21, 2018 at 17:03
by   william chan
Golden Rule 6.  State your occupation

When reading your affidavit, the Judge is also trying to judge your character, to see whether you are likely a trustworthy person.
This is why is it very important to state in your affidavit what you do for a living.

For example, if you state that your occupation is a lawyer your sworn statements carry much more weight than say a mushroom farmer, or is it the other way around?
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answered on Feb 21, 2018 at 16:48
by   kiki
If you state that your occupation is a lawyer, of course your sworn statements carry more weight than say a mushroom farmer, or is it the other way around?

I find this amusing.. haha
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answered on Feb 21, 2018 at 17:44
by   MushyFarmer
edited Apr 12, 2018 at 17:21
 
I beg to differ.

Nowadays mushrooms farmers are HighTech growers, technically based and highly versatile. Lawyers without their lawbooks, they are clueless of what to do next.

Most lawyers are skilled at creating half truths, generating contentious issues which actually to the displeasure to the Judges, trying to sway the judgement to their side teaching learned Judges?

The above refers to sworn statements by Self Representing rather with those using lawyer services.

The farmer grows food with their hearts, write the Truth with their hearts and supposedly unable to create contentious issues unlike the legal fraternity.

Judges should give more weigh to mushrooms farmers!
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answered on Feb 22, 2018 at 08:33
by   william chan
Golden Rule 7.  Use exhibits whenever possible

Although it is a crime to lie in an affidavit, a lot of people still tell lies in affidavits in desperate attempts to win their case.

Judges have a hard time separating the lies from the truths.
This is why you need documentary proof to back up your sworn statements.
Label each exhibit and make sure each exhibit comes with a exhibit-cover-page to be stamped by a Commisioner of Oaths.
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