Does an Affidavit Need to Be Notarized and Witnessed?

Full question:

Does an Affidavit document regarding civil code 3198 need to be witnessed or notorised?

  • Category: Affidavits
  • Date:
  • State: California

Answer:

An affidavit must be notarized, but need not be witnessed under this statute. A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits.

Please see the following CA statute below:

3198. The original contractor shall serve upon the public entity an
affidavit and a copy thereof alleging the legal grounds upon which
he bases his claim and the facts in support thereof, and demanding
the release of all or such portion of such money or bonds as is
alleged to be withheld improperly or in an excessive amount. Such
affidavit shall also state the address of the original contractor
within this state for the purpose of permitting service by mail upon
him of any notice or legal document.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To file an affidavit, you need to prepare the document with the necessary information and details relevant to your case. The affidavit must be signed in the presence of a notary public, who will then notarize it. Ensure that you have valid identification and any supporting documents that may be required for your specific situation.