January 25, 2017
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Affidavits

Texas District Court Hidalgo County

RULES & REQUIREMENTS

Written, Signed, Sworn, and Certified

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Form

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.

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Competency of Witnesses

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Factual Statements

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).

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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.

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EXHIBITS TO AFFIDAVIT

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PURPOSE SERVED BY AFFIDAVIT

Security for Costs by "Next Friend"

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To Establish Fact of Service

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To Challenge Incorporation

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To Verify Pleadings

An affidavit can be used to verify the following:

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To Rebut Presumptions

An affidavit can be used to rebut the following presumptions:

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For Re-Instatement of Suit

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Summary Judgment Proof

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In a Court-Ordered Audit

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To Challenge the Array of the Jury

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To Investigate a Potential Claim

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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.

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During Appeals

A party can establish a court of appeals' inability to act immediately in an affidavit. Tex. R. App. P. 17.1.

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As an Evidentiary Tool of Alien Laws

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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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