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Legal Affidavit for Switzerland

Legal Affidavit Template for Switzerland

A legal affidavit under Swiss law is a formal written statement of facts, sworn to be true by the deponent (affiant) and authenticated by an authorized official, typically a notary public or relevant legal authority. The document must comply with Swiss federal law while also considering specific cantonal requirements. It serves as verified evidence in legal proceedings, administrative matters, or other official contexts where a sworn statement is required. The document must be prepared in one of Switzerland's official languages (German, French, Italian, or Romansh) unless specific circumstances require otherwise, and may need additional authentication such as an Apostille for international use.

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What is a Legal Affidavit?

A Legal Affidavit is a crucial document in the Swiss legal system, used when formal sworn statements are required for legal or administrative purposes. It is commonly utilized in court proceedings, regulatory filings, property transactions, inheritance matters, and various business contexts where verified declarations are necessary. The document must conform to Swiss federal law and relevant cantonal regulations, with specific requirements for content, authentication, and execution. Legal Affidavits in Switzerland may be prepared in any of the country's official languages and often require notarization or official authentication. They serve as powerful evidence in legal proceedings and can have significant implications for both civil and criminal matters. When used internationally, additional authentication steps such as Apostille certification may be required.

What sections should be included in a Legal Affidavit?

1. Title and Identification: Formal title of the document as an affidavit, including the court/authority details if applicable, and the full legal name and identification of the deponent

2. Deponent Details: Complete personal information including full name, address, occupation, and any relevant qualifications or basis of knowledge

3. Oath/Declaration Statement: Formal statement confirming that the contents are sworn to be true, including the legal basis under Swiss law

4. Background Information: Context and circumstances leading to the creation of the affidavit

5. Statement of Facts: Main body of the affidavit containing the factual declarations, organized in numbered paragraphs

6. Statement of Truth: Final declaration confirming the truth of all statements made

7. Execution Block: Space for signature, date, and notary/official authentication

What sections are optional to include in a Legal Affidavit?

1. Preliminary Statement: Used when additional context about the deponent's role or authority needs to be established

2. Exhibits Reference: Section referencing any attached documents or evidence, needed when the affidavit refers to supporting materials

3. Language Declaration: Required when the deponent's primary language is not the language of the affidavit, confirming understanding of contents

4. Legal Representation Statement: Include when the affidavit is prepared with legal assistance, identifying the legal representative

5. Apostille Preparation: Required section when the affidavit needs to be used internationally, preparing for Apostille certification

What schedules should be included in a Legal Affidavit?

1. Exhibit A, B, C, etc.: Supporting documents referenced in the affidavit, such as photographs, correspondence, or other evidence

2. Certified Translations: Official translations of the affidavit if required for international use

3. Identity Documents: Copies of identification documents of the deponent when required

4. Professional Credentials: Copies of relevant professional qualifications or credentials when the affidavit relates to professional matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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