What is an Affidavit?

If you are asking a Minnesota family court to decide a motion - or responding to one - your affidavit may be one of the most important documents the judge reads. In many family court motion hearings, the evidence is presented primarily through affidavits and exhibits rather than live testimony. That means your affidavit must do more than say that you disagree with the other party. It must give the court the facts it needs to understand your request and make a decision.

What Is an Affidavit?

An affidavit is a written statement of facts that a person signs under oath or under penalty of perjury. The person making the statement is sometimes called the affiant or declarant. By signing, the person is confirming that the information in the affidavit is true and correct to the best of that person's knowledge.

Minnesota generally permits court documents to be signed under penalty of perjury using the statutory declaration, along with the date and the county and state where the document was signed. A notary is therefore not required for many affidavits filed in Minnesota state court. However, you should always follow the form, court rule, or instructions provided for your particular case.

An affidavit is evidence. It is not simply a letter to the judge, and it is not a place to say anything you want about the other party. Because it is signed under penalty of perjury, every statement should be accurate, supportable, and carefully reviewed before signing.

What Is the Affidavit Supposed to Do?

The motion tells the court what you want. The affidavit tells the court the facts that support that request.

For example, a motion may ask the court to establish a temporary parenting schedule, order child support, require payment of household expenses, or enforce a prior order. The affidavit should explain the events, dates, payments, communications, schedules, and other facts that show why the requested relief is reasonable and necessary.

Minnesota's family court rules require motions to be supported by affidavits containing facts relevant to the issues before the court. The key word is relevant. Your affidavit should help the judge answer the questions raised by the motion. It should not attempt to retell every disagreement that occurred during the relationship.

Think of the Affidavit as a Word Picture

A judge usually does not know your family, your routines, or the history behind the motion. Your affidavit must create a word picture using facts. Each paragraph should add one useful piece to that picture.

A strong affidavit allows the judge to understand:

1. What happened;
2. When and where it happened;
3. Who was involved;
4. How you know the information;
5. How the event affected the children, finances, or another issue before the court; and
6. Why those facts support the specific relief you are requesting.

Specific facts are more persuasive than labels or conclusions.

• Less helpful: "The other parent is irresponsible and never puts the children first."
• More helpful: "On June 3, June 10, and June 17, the other parent did not arrive for the scheduled 5:00 p.m. exchange. On each date, I sent a message through OurFamilyWizard after waiting 20 minutes. Copies of those messages are attached as Exhibit A."

The second example gives the court dates, conduct, a source of verification, and context. The judge can draw a conclusion from the facts instead of being asked to accept a broad accusation.

How to Prepare an Effective Affidavit

1. Start with the court's decision. Before writing, identify the exact relief requested in the motion. Then list the facts the judge needs in order to decide each part of that request. If a fact does not help answer one of those questions, consider leaving it out.
2. Write from personal knowledge. Focus on what you personally saw, heard, did, received, paid, or experienced. Do not guess about another person's motives. Be cautious about repeating what someone else told you, particularly when that person could provide their own affidavit or the information may not be admissible.
3. Organize before you draft. A simple outline can prevent the affidavit from becoming a stream of consciousness. Depending on the motion, organize the facts chronologically or under short headings such as Parenting Schedule, Children's Needs, Income and Expenses, Housing, Communication, or Compliance with Prior Orders.
4. Use short, numbered paragraphs. Each paragraph should generally contain one fact or one closely related group of facts. Numbered paragraphs make it easier for the judge, the attorneys, and the opposing party to locate a statement during the hearing or in a written response.
5. Be specific. Use dates, times, amounts, locations, and direct descriptions when they matter. Instead of saying, "I pay most of the bills," identify the expenses you pay, the approximate amounts, and the time period involved. Attach supporting records when appropriate.

• Less helpful: "He does not provide enough financial support."
• More helpful: "Since May 1, I have paid the $1,850 monthly mortgage, $740 monthly childcare expense, and the children's health-insurance premium of $286 per month. The other party contributed $500 in May and made no contribution in June. The relevant account statements and invoices are attached as Exhibits B through D."

1. Explain the impact without exaggerating. Facts are most useful when the court can see why they matter. If a late exchange caused a child to miss therapy, say so. If a bank-account change left necessary bills unpaid, identify the bills and the consequences. Avoid dramatic wording when a precise description will do more work.
2. Use a calm and respectful tone. An affidavit can be firm without being insulting. Name-calling, sarcasm, and speculation can distract from otherwise important facts. A neutral tone often strengthens credibility because it shows that you are focused on solving the issue before the court.
3. Address difficult facts honestly. Do not omit an important fact simply because it is unfavorable. The other party may raise it, and the omission can harm your credibility. State the fact accurately, provide necessary context, and explain what has changed or how the issue is being addressed.
4. Use exhibits to support the story. Relevant exhibits may include court orders, messages, calendars, school or medical records, pay records, account statements, invoices, photographs, or other documents. Refer to each exhibit in the affidavit and explain what it shows. Select the pages that matter rather than attaching a large collection of unexplained documents. Your attorney can help determine whether an exhibit is proper and how confidential information should be filed.
5. End with the requested result. After presenting the facts, briefly restate what you are asking the court to order. The request should match the motion. The affidavit supplies the factual foundation; the motion defines the relief.
6. Read every word before signing. Confirm names, dates, amounts, exhibit labels, and quotations. Remove anything you cannot honestly verify. Make sure the affidavit reflects your knowledge and your testimony, even if an attorney helped organize or edit the document.

What Should You Leave Out?

An affidavit becomes less effective when important facts are buried under anger, repetition, or unrelated history. Unless your attorney advises otherwise, avoid:

1. Insults and labels. Describe conduct instead of calling someone a bad parent, liar, narcissist, or other name.
2. Guesses about motives. State what the person did, not what you assume the person intended.
3. Every wrong from the relationship. Include history only when it is connected to the motion now before the court.
4. Unnecessary repetition. A fact usually becomes weaker, not stronger, when repeated in several different ways.
5. Unexplained screenshots or document dumps. Identify the relevant portion and explain its significance.
6. Private identifying information. Do not place Social Security numbers, complete financial account numbers, or other protected information in a publicly accessible affidavit. Follow the required confidential filing procedures.

Why Affidavits Matter So Much in Minnesota Family Court

Under Minnesota's family court motion rules, motions are generally submitted on affidavits, exhibits, subpoenaed documents, legal memoranda, and attorneys' arguments unless oral testimony is permitted or otherwise required. In practical terms, this means the judge may rely heavily on the written record when deciding the motion.

A well-prepared affidavit does not need to be dramatic or lengthy. It needs to be truthful, organized, specific, and relevant. The goal is to make the judge's work easier by presenting a coherent factual record tied directly to the relief requested.

The Final Test

Before signing, ask these questions:

1. Is every statement true and based on information I can properly provide?
2. Does each paragraph help the court decide the motion?
3. Have I used facts instead of labels and conclusions?
4. Can the judge follow the sequence of events?
5. Are the important facts supported by appropriate exhibits?
6. Does my requested relief match the motion?
7. Would I be comfortable giving the same testimony in court under oath?

At Mundahl Law, we help clients separate the facts that matter from the understandable emotion surrounding a family law dispute. A clear affidavit can help the court see both the immediate problem and the practical path forward. Contact us today for more information.

This article provides general information about Minnesota law and is not legal advice. Court rules and filing requirements may vary depending on the case and judicial district. Consult a Minnesota family law attorney about your specific circumstances.

Minnesota Legal Sources

1. Gen. R. Prac. 15 (Affidavits)
2. Gen. R. Prac. 303.02 and 303.03 (Family Court Motions and Motion Practice)
3. Stat. sec. 358.116 (Documents Signed Under Penalty of Perjury)