[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR92.22]



[Page 367]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents

 

Sec.  92.22  ``Affidavit'' defined.



    An affidavit is a written declaration under oath made before some 

person who has authority to administer oaths, without notice to any 

adverse party that may exist. One test of the sufficiency of an 

affidavit is whether it is so clear and certain that it will sustain an 

indictment for perjury, if found to be false. An affidavit differs from 

a deposition in that it is taken ex parte and without notice, while a 

deposition is taken after notice has been furnished to the opposite 

party, who is given an opportunity to cross-examine the witness.