NCTJ Court Reporting Practice Exam

An affidavit is defined as a sworn written statement that is used as evidence in legal proceedings. It is a document whereby the person making the affidavit, known as the "affiant," asserts facts that are true to the best of their knowledge and belief. The affidavit must be signed in the presence of an authorized officer, such as a notary public, who can verify the identity of the affiant and ensure that they are affirming the truth of the contents under oath.

This legal instrument serves to provide sworn testimony outside of a courtroom, making it useful in situations where live testimony might not be feasible. Its written nature ensures a formal record, and because it is sworn, it holds a significant weight in legal contexts, unlike informal statements or agreements that lack the same legal standing and rigor.

In contrast, the other provided options do not correctly define an affidavit: informal statements lack the formal requirements of being sworn; a note passed to a judge during a trial does not represent a formal sworn account; and a verbal agreement does not have the documentation or sworn declaration that characterizes an affidavit.