[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.22]

[Page 379]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.22  ``Affidavit'' defined.

    An affidavit is a written declaration under oath made before some 
person who has authority to administer oaths, without notice to any 
adverse party that may exist. One test of the sufficiency of an 
affidavit is whether it is so clear and certain that it will sustain an 
indictment for perjury, if found to be false. An affidavit differs from 
a deposition in that it is taken ex parte and without notice, while a 
deposition is taken after notice has been furnished to the opposite 
party, who is given an opportunity to cross-examine the witness.