Improper execution is a common reason for disputes over affidavits. An affidavit must be signed in front of a notary public or someone who can administer oaths. Without that, the document is invalid or inadmissible.

For example, someone might sign an affidavit at home and submit it as evidence in a legal proceeding without realizing it’s missing a notary’s seal or signature. If the other side challenges the affidavit, the court might reject it because it wasn’t properly executed and that could hurt your case.

To avoid that, make sure to follow all formalities when drafting and executing an affidavit. That means signing in front of a notary and verifying all the details, dates and signatures. Get legal advice too to make sure you’re following the procedure.

Misrepresentation of facts in an affidavit can be very serious and can lead to disputes over the document’s credibility. Affidavits are sworn statements and knowingly including false or misleading information can be perjury or fraud.

For example, in a divorce, a party might submit an affidavit with false financial information to sway the court on spousal support. If the other side finds out the misrepresentation, they can challenge the affidavit’s validity and sue the individual for providing false information.

To avoid disputes, all statements in an affidavit must be true and evidence-based. Review and get legal advice before submission to ensure the information is accurate. That protects the document and reduces the risk of challenges.

Ambiguity or vagueness in an affidavit can lead to disputes over what it means or how it’s interpreted. Clear language is key to make sure the affidavit says what you mean and not confuse.

For example, an affidavit about property ownership might say, “The property belongs to the family” without saying who or what kind of ownership. This ambiguity can lead to disputes among family members or other parties and delays and more legal proceedings to clarify the statement.

To avoid that, affidavits should be written in plain language with no room for misinterpretation. Get legal advice or consult with an expert during the drafting process to make it clear and free of vague or ambiguous terms.

Misuse of an affidavit is when it’s submitted in the wrong context or doesn’t address the legal issues. Affidavits must be relevant to the purpose they’re meant to serve to be effective and admissible.

For example, submitting an affidavit for financial disclosures in a custody case might make the document irrelevant or inadmissible to the court. That can hurt your case and delay the legal process.

To avoid misuse, get legal advice to make sure the affidavit fits the specific requirements of the case. Proper advice will ensure the document serves its purpose and meets all legal requirements.

Not serving or filing an affidavit correctly can make the court reject it or delay the legal process. Affidavits must follow the procedural rules, including proper filing and service to the parties involved.

For example, an affidavit in support of a motion might be filed after the court’s deadline. In that case, the court might not consider the affidavit and potentially kill the motion it was meant to support.

To avoid that, get to know the filing deadlines and procedural requirements. Working with an attorney will ensure timely and correct filing of affidavits and reduce the risk of procedural mistakes that can harm your case.