How to withdraw an affidavit.
Learn more about the common reasons for and the process of withdrawing an affidavit.
When you sign an affidavit, you’re signing a written statement of facts — not unlike swearing under oath in the courtroom. Sometimes, you may discover an error within the legal document, or you may learn that something you swore to isn’t true. If this happens, you’ll want to take steps to withdraw your affidavit to make sure you’re representing the most precise version of the truth.
Steps for filing an affidavit of withdrawal.
Before you can withdraw, you’ll first need to review with your lawyer any statutes that might apply to your case to determine if you can move forward. For example, there may be specific time periods that prevent you from withdrawing.
If you’re able to withdraw your affidavit, you’ll need to write another document with your intent to withdraw. Typically this is referred to as an “affidavit of withdrawal.” You (or your lawyer) should draft this document in the same format as the original affidavit, including the case name and number, the parties involved, the court handling the cases, as well as the county and state information.
Within the document, state that you’re removing your original affidavit and explain the reasons for doing so. This might be simply because of an error in the document, or it could be something bigger, like a change of circumstances. In this case, you’ll want to describe the change in detail.
Once you finish, you’ll need to sign your name, date the document, and then send the paperwork to the same body dealing with the initial affidavit for review.
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