Affidavit
(CA)

Summary

This template illustrates the format and structure of an affidavit for use in a California civil action. This template contains practical guidance and drafting notes. The Code of Civil Procedure defines an affidavit as a written declaration under oath made without notice to the adverse party. Cal. Code Civ. Proc. § 2003. It is one of three methods of taking testimony of a witness in California, the other two being depositions and oral examination in court. See Cal. Code Civ. Proc. § 2002. Affidavits are commonly used as evidence to support motions but may be used for a variety of other situations as well, including: • To verify a pleading or a paper in a special proceeding • To prove the service of a summons, notice, or other paper in an action or special proceeding • To obtain a provisional remedy • To obtain the examination of a witness • To obtain a stay of proceedings • In uncontested proceedings, to establish a record of birth • In any other case expressly permitted by statute Cal. Code Civ. Proc. § 2009. An affidavit must be signed by the witness (also referred to as the affiant) and sworn before and attested by a person authorized to take oaths in the jurisdiction where the affidavit is executed. See Cal. Code Civ. Proc. §§ 2012–2014. In practice, an affidavit is usually sworn before a notary public. This template is for use where the affidavit is executed within California. As an alternative, an unsworn declaration under penalty of perjury can be used in most situations in which an affidavit is required. See Cal. Code Civ. Proc. § 2015.5. An unsworn declaration is now commonly used in most such situations because it obviates the need for a notary to witness the signature. For a template, see Declaration under Penalty of Perjury (CA). For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For a general discussion on motion practice, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA) For general format of papers to be filed in court, see Formatting Rules in Court Checklist (CA).