Attorney Affidavit (7-3)

This standard addresses affidavits filed in accordance with chapter 183, section 5B. After quoting the statute, the standard specifically states that the affidavit must be signed under the pains and penalties of perjury but does not need to be notarized. Here's a comment:

The affidavit form requires a notary to take the aoth, not an acknowledgement, but an oath is needed.

We seem to have a difference of opinion on this one. Our understanding is that an affidavit must be signed under the pains and penalties of perjury but that the affiant need not take an oath to that effect before an officer such as a notary. The person making the comment seems to disagree, so we'd welcome additional comments on this topic. (Of course, the American Heritage Dictionary, 3rd ed. defines affidavit as "a written declaration made under oath before a notary public.")