Affidavit
(Federal)

This template is a supporting affidavit that may be used in a federal district court case. This template includes drafting notes and optional clauses. Affidavits or declarations serve as evidence concerning facts at issue and may also be used to authenticate documents. For example, they can support of a TRO application or motion for summary judgment or to authenticate a deposition transcript or a response to a discovery request. Affidavits or declarations, together with a supporting memorandum of law, often serve as the sole basis for a court's ruling. See Fed. R. Civ. P. 78(b). An affidavit must be notarized with a jurat from a certified notary. A declaration, which is used more frequently, serves the same purpose as an affidavit but does not require notarization (see 28 U.S.C. § 1746). For a declaration template, see Declaration (Federal). For a full listing of key content covering fundamental civil litigation tasks throughout a federal case lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more about affidavits, see Moore's Federal Practice - Civil § 56.94. For more on submitting evidence with a summary judgment motion, see Summary Judgment: Submitting Evidence in Support of the Motion (Federal).