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Old 12-12-2017, 12:31 AM   #1
Join Date: Jun 2011
Posts: 123
Default What is a False Affidavit?

A false affidavit is one in which a person signs it and swears that the statements attested to in the document are true, complete, and accurate when the statements are in fact misleading or false. Submitting a false affidavit is a criminal offence and constitutes perjury in most jurisdictions. The consequences of writing a false statement often include a fine, jail time, or both. A legal defense that a defendant may raise is that the affidavit was retracted prior to the plaintiff substantially relying on the affidavit and prior to the discovery of the false affidavit. The court often holds a hearing on claims a false affidavit was submitted to the court or during an out-of-court transaction to determine whether a crime was committed and the appropriate punishment. A defendant often is not guilty of a crime if he believes that the statements attested to in the affidavit are true. Affidavits include a general statement that the statement is true to the best of the affiantís knowledge, and there may be cases where the defendantís beliefs contradict the facts.

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