What are the requirements of an affidavit?

• A. Based on personal knowledge
• B. Sets out admissible facts
• C. Shows affiant is competent to testify on the matters stated
• D. All of the above

Answer: (D)

An affidavit must be built on firsthand information and presented in a way that it can be used as evidence. Specifically, the statements should come from personal knowledge, meaning the affiant actually observed or has direct information about the facts rather than relying on rumors or secondhand reports. The facts stated must be admissible in evidence, so the affidavit should present facts—not conclusions or legal arguments—that would be allowed at trial. Finally, the affiant must be competent to testify about the matters stated, ensuring the witness is legally capable of recounting the information and that their testimony is credible. When all three conditions are met, the affidavit is properly structured to support a motion or be admitted as evidence. (Note that affidavits are also sworn or affirmed under oath, which adds formal weight to their credibility.)