Texas District Court Hidalgo County
RULES & REQUIREMENTS
Written, Signed, Sworn, and Certified
According to custom and practice, an affidavit should have a caption ("Affidavit of _____"), state the venue, including state and county, and contain a certification from the person before whom the writing was sworn below the signature of the affiant.
Competency of Witnesses
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Tex. R. Evid. 602 (amended eff 4/1/15).
Executed by Party or Agent
Whenever it may be necessary or proper for any party to a civil suit or proceeding to make an affidavit, it may be made by either the party or his agent or his attorney. Tex. R. Civ. P. 14.
EXHIBITS TO AFFIDAVIT
PURPOSE SERVED BY AFFIDAVIT
Security for Costs by "Next Friend"
To Establish Fact of Service
To Challenge Incorporation
To Verify Pleadings
An affidavit can be used to verify the following:
To Rebut Presumptions
An affidavit can be used to rebut the following presumptions:
For Re-Instatement of Suit
Summary Judgment Proof
In a Court-Ordered Audit
To Challenge the Array of the Jury
To Investigate a Potential Claim
Stay of Court's Orders, by Party and Non-Party
A person seeking stay of execution of a judgment is required to file an affidavit. Such affidavit must aver that the person has no means to pay the judgment and that execution within three (3) months will cause him undue hardship or sacrifice of property that otherwise would be avoided if the execution is stayed. Tex. R. Civ. P. 635.
A party can establish a court of appeals' inability to act immediately in an affidavit. Tex. R. App. P. 17.1.
As an Evidentiary Tool of Alien Laws
To Authenticate Business Records
The original or a copy of a record that meets the requirements of Rule 803(6) or (7), if the record is accompanied by an affidavit that complies with subparagraph (B) of this rule and any other requirements of law, and the record and affidavit are served in accordance with subparagraph (A). Tex. R. Evid. 902(10) (amended eff 4/1/15)
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