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Affidavit. An affidavit (/ ˌæfɪˈdeɪvɪt / ⓘ AF-ih-DAY-vit; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant ...
v. t. e. A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada.
Declarant. A declarant, generally speaking, is anyone who composes and signs a statement or declaration alleging that the information he has given therein is true. This differs from an affiant, as in the case of an affidavit the facts therein are sworn to before a notary public or other official, whereas a declaration is usually made by one ...
In Aguilar v.Texas, 378 U.S. 108 (1964), the Court said: [T]he magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was creditable or his information reliable.
Latin deponent verbs can belong to any conjugation. Their form (except in the present and future participle) is that of a passive verb, but the meaning is active. Usually a deponent verb has no corresponding active form, although there are a few, such as vertō 'I turn (transitive)' and vertor 'I turn (intransitive)' which have both active and deponent forms.
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
Sworn declaration. A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.