An affidavit is a written statement of facts made voluntarily under oath. It differs from testimony given in court because the affidavit’s statements are not subject to cross-examination. It is therefore a weak type of evidence used when stronger evidence is not available ( Affidavits are important, however, when a party makes a motion for a new trial. Affidavits with new evidence can be used as grounds for an appeal (Nebraska Code Sections 29-2101 and 29-2102).

Back to Legal Terms