If a legal dispute arises, you might need to share a statement by yourself or somebody else. But what is an affidavit? And do statements like these truly make a difference? Read on to learn why written statements are important for dispute resolution.
Table of Contents
When You Need Written Statements
Any dispute may escalate to a court case, even if this is a small claims court. Should this happen, a written statement is vital for figuring out the facts. You can use these to give testimony of your own or ask another party to provide one.
These statements could be outlining a complaint. A defendant could also respond with their own statement denying an accusation. In some cases, a statement that turns out to be false could be subject to perjury charges.
Litigation, arbitration, mediation, and even general negotiations often require a written statement of some kind. When a court needs clear facts, this offers a mostly unbiased way of getting them. In some cases, however, both sides provide written statements that contradict each other.
Six Types of Written Statements
These documents could come up in nearly any type of case. This means there is a wide range of statement types. Here are six of the most common ones:
- Witness statement: This is to give the court a factual account of what a witness saw. In some cases, the opposing side might cross-examine the witness about the statement.
- Affidavit: This is a statement someone gives under oath. It factually declares any details relevant to a case. An affidavit could even serve as a piece of evidence on its own.
- Position statement: These documents outline a party’s specific stance on a dispute. In a negotiation, they outline what their issues are and how to resolve these problems.
- Statement of claim: This is a plaintiff’s accusation; it also includes what they want from a lawsuit. The defendant could offer a statement of defense to rebuke their claims.
- Expert report: In certain cases, an expert gives their own testimony on matters relevant to their field. Their analysis is only an opinion but one rooted in clear authority.
- Settlement agreement: This document formalizes the actual end of a dispute. It outlines each party’s conditions and obligations and negates the possibility of further action.
The Importance of an Affidavit
Of these documents, an affidavit is one of the most serious. This is because a person gives this statement under oath and signs it. They’ll typically do this in the presence of a notary, or another judicial witness. Signing it verifies their statement as undeniably the truth.
If live testimony isn’t possible, an affidavit can sometimes stand in for this. However, most courts prefer to have the witness available for cross-examination. The affidavit may only be able to act as corroborating evidence. In either case, lying could have serious consequences.
Should someone lie in an affidavit, this could be perjury. This may compel someone to only sign the statement if it’s completely truthful. However, misinterpretations are still possible. An affidavit must be devoid of ambiguity. There should be no room for someone to take it out of context.
Objective Truth in Written Statements
This raises the question of providing objective, unbiased statements. Objectivity is essential in a written testimony, whether it’s an affidavit or a wholly different format. The main goal of a written statement, in any situation, is to give the facts.
Ultimately, it’s difficult to erase any and all subjectivity from a person’s written statement. This is especially true in serious disputes. These situations often arise in the first place because of two (very different) opinions. If a case collects several statements, it’s possible they won’t line up.
Many written statements aim to avoid anything beyond the raw, objective truth. Even this can be subject to a person’s memory. Witnesses should always make statements without talking to one another. Otherwise, there could be a serious risk of co-witness contamination.
Do Written Statements Always Work?
Getting the facts in writing is useful for establishing which questions to ask. It helps every side of a dispute build a clear picture of the case. However, they aren’t always the right approach.
For example, a person’s live statement could have certain noteworthy cues that aren’t present in a written format. This could add further credibility to their testimony. In some disputes, emotional context is just as important as the raw facts.
It’s also not possible to cross-examine purely written statements without the witness present. In these situations, it’s harder to submit the statement itself as evidence, even if it’s under oath. It’d even be possible for the opposing counsel to dismiss it under the hearsay rule.
Conclusion
Written statements add a lot of clarity to any dispute. However, they still have their limitations. To help with this, always use an online template. These set out every field your affidavit (or other statement) will need.
