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affidavit

An affidavit is a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge. Affidavits by both plaintiff /prosecutor  and defense witnesses are usually collected in preparation for a trial .

In the event a witness’s testimony contradicts what they stated in their affidavit, the affidavit can be introduced as evidence to impeach that witness in accordance with Federal Rule of Evidence 607 . An impeachment of this sort can potentially lead to criminal charges of perjury if the contradiction was made knowingly , intentionally, and involved a material issue. 

[Last reviewed in June of 2022 by the Wex Definitions Team
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