Legal Question in Civil Litigation in Kansas

who should sign affidavit in a company matter, a clerk, supervisor or a manager?


Asked on 2/25/10, 10:04 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Who should execute an affidavit depends upon the purpose for the affidavit and the nature of the information sworn to. If it is merely and affidavit stating that "I know abc is xyz, ...." then the perosn who can truthfully attes tto the fact can do it no matter their posiotn. But, whomever agrees to testify (which is what an affidavit is) shoudl understand that they may have to go to court at some future dated to be examined as to the information in teh affidavit. Is a clerk certain that their possilby former employer wil pay them to go testify as to the affidvit? If not, then perhaps an manger is better suited to do this. If it is an outside party seeking the affidavit, they will want somone who has authority to nind the company. A clerk might only be able to tesify as to their personal opinion in an affidavit. Whereas, a manager, supervisor or officer may have at least apparent authority to bind the company.

Good luck

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Answered on 3/04/10, 12:25 pm


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